What I mean by legally defensible is that tests that are used in the workplace must be nondiscriminatory and related to the job for which they are given.  This is primarily an issue when the employer has access to the test scores of individuals and/or the tests are used for "high stakes" situations such as hiring, firing, or promotion.  They must meet EEOC and Fair Hiring Standards guidelines.   I would suggest reviewing Philippi, Jorie. W. (1993). Legal considerations concerning literacy testing in the workplace adapted from Douglas, B. & Williams, C. (1992). Selected legal considerations regarding employee literacy and aptitude testing. Dallas, TX:  Jackson Walker.

Aside from the legally defensible issue (which I take very seriously as I have an aversion to being hauled into court if an employee sues an employer!), assessing workplace individuals just for the sake of the NRS seems to be a monumental waste of an employee's and an employer's time.  If an academic achievement test is given, it really doesn't measure what the employee needs to know and be able to do related to work.  

Robin Asbury, CWDP, Ed.D.
Director, WV Workplace Education Program
RESA VII
1201 N. 15th St.
Clarksburg, WV 26301
304/624-6554 XT 243
1/800/427-3600 XT 243 
Cell:  304/695-1182
Fax: 304/624-5223
resa7rb at wvnvms.wvnet.edu

"Each one of us, in his timidity, has a limit beyond which he is outraged."  Man Ray
  ----- Original Message ----- 
  From: Marie Cora 
  To: 'The Workplace Literacy Discussion List' 
  Sent: Monday, July 24, 2006 12:12 PM
  Subject: [Workplace 299] Re: legal ramifications of assessment


  Hi Robin,

   

  You wrote:

  "And in regards to assessment, be very aware of the legal ramifications of using tests which are not legally defensible in the workplace."

   

  This is very interesting to me - could you talk about this a bit more?  What do you mean by "legally defensible"?

   

  Thank you,

   

  Marie Cora

  NIFL Assessment Discussion List Moderator

   

   

   

  -----Original Message-----
  From: workplace-bounces at nifl.gov [mailto:workplace-bounces at nifl.gov] On Behalf Of Robin Asbury
  Sent: Monday, July 24, 2006 12:02 PM
  To: The Workplace Literacy Discussion List
  Subject: [Workplace 298] Re: workplace literacy start-up

   

  It is also helpful to define what you mean by "workplace literacy" and what the employer perceives as "workplace literacy."  Are you offering customized contextual instruction in the basic skills needed on the job, or are you offering a GED class?  And in regards to assessment, be very aware of the legal ramifications of using tests which are not legally defensible in the workplace.  We have also found it very helpful to have management buy into a 50-50 schedule (i.e. half of the time in class is paid "on-the-clock" time and half is the employee's time).

   

   

  Robin Asbury, CWDP, Ed.D.
  Director, WV Workplace Education Program
  RESA VII
  1201 N. 15th St.
  Clarksburg, WV 26301
  304/624-6554 XT 243
  1/800/427-3600 XT 243 
  Cell:  304/695-1182
  Fax: 304/624-5223
  resa7rb at wvnvms.wvnet.edu

   

  "Each one of us, in his timidity, has a limit beyond which he is outraged."  Man Ray

    ----- Original Message ----- 

    From: Laurie Bargstedt 

    To: workplace at nifl.gov 

    Sent: Monday, July 24, 2006 9:05 AM

    Subject: [Workplace 291] workplace literacy start-up

     

    Hello Alison and Fellow List Members, 

     

    We will be starting a new workplace literacy program this year at an aluminum extrusion plant that manufactures windows & doors. We are planning to provide instruction at times that the first shift can attend after their shift and the second shift can attend prior to their shift. 

     

    I am wondering what advice others might share with us as we begin this project. What lessons did list members learn the hard way that they would share with us?

     

     

     

    Laurie E. Bargstedt, Coordinator of Adult Literacy and Incarcerated Education   

     

    HFM BOCES Career and Technical Center 
    212 Co. Hwy. 103, Johnstown, NY 12095 
    Phone:  518-762-4633, ext.158     fax 762-9361 

     

    NYACCE President   www.nyacce.org

    Fulton County Literacy Volunteers, Vice President www.fultonliteracy.org/

    "Live as if you were to die tomorrow. Learn as if you were to live forever."
    -Ghandi


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