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Legal Considerations Regarding the Use of Candidate Insight Reports from Written Inc.
Candidate Insight is EEOC Compliant under Title VII
In a open letter from the Equal Opportunity Commission (EEOC):
Under Title VII of the Civil Rights Act of 1964, as amended, handwriting analysis or any other employee selection procedure may be used, as long as such procedure has no adverse impact on a particular group of applicants.
Written Inc.'s Candidate Insight Reports are non-discriminatory and do not reveal age, gender, ethnicity, religious affiliation or sexual orientation.
Privacy
Handwriting is seen in the courts as a public manifestation of self, such as clothing and speech, and as such is not considered to be private.
Supreme Court of The United States Decisions Concerning Handwriting Analysis (Graphology):
- In United States v. Mara, 410 U.S. 19, 41 LW 4185 (1973), the Supreme Court held that the Fourth Amendment is not violated by a compelled production of 'physical characteristics' that are constantly exposed to the public. The Court stated: "Handwriting, like speech, is repeatedly shown to the public and there is no more expectation of privacy in the physical characteristics of a person's script than there is in the tone of his voice."
- In United States v. Dionisio, 410 U.S. 1, 41 LW 4180 (1973), the Supreme Court held that the physical characteristics of a person's voice or handwriting or facial characteristics, being constantly exposed to the public view, are not within the protection of the Fourth Amendment.
- In Gilbert v. California, 388 U.S. 263 (1967), the Supreme Court held that the compelled production of handwriting exemplars does not violate the Fifth Amendment privilege against self-incrimination. Moreover, the Court stated: "A mere handwriting exemplar, in contrast to the content of what is written, like the words or body itself, is an identifying characteristic outside (Fifth Amendment) protection."
- In United States v. Sydney W. Rosinsky, FR. P249, F2d No. 2, March 7, 1977, the Court held that "handwriting is behavior in public - no intrusion into privacy."
Recommendations
Written Inc. recommends that our clients adopt the below procedures when using our services:
- Always obtain consent from the candidate to use their handwriting for purposes of analysis. (The attached instruction form, which is given to each candidate, includes a consent signature section.)
- Never use the Candidate Insight Report as the sole criterion in making a decision. It should be used as a part of the interview and application processes.
- Collect handwriting samples for all applicants in a particular job area. Written Inc. provides our clients with an unlimited number of Sample Collection forms.
- Consider the reports to be private information; protect them in the same way as you would other sensitive human resource documents. Avoid sharing the results with non-essential personnel as well as the job applicants.