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Matched-pair testing is a method to determine if discrimination is the reason an applicant was not hired by an employer. Two candidates with matching knowledge, skills, and abilities but of a different race or gender, for example, are sent by an agency or organization to apply for a job seeking their skills. The employer’s responses to the candidates help determine the extent to which discrimination in hiring is an issue with the employer. Case law suggests that applicants may file a charge of discrimination, depending on the outcome of the testing.

The Equal Employment Opportunity Commission (EEOC) does not engage in matched-pair testing after trying it in the 1990s and facing congressional backlash. However, it has been used in fair housing cases, and recently, advocacy groups have begun urging its use for state and local agencies because it has proven effective, and it takes the burden of proving discrimination off applicants who are not in the best position to assert their rights under Title VII of the Civil Rights Act. One place where it has gained traction is New York City. The last several years have seen states and municipalities across the nation pass laws and ordinances that are more proactive in protecting employee rights. Advocacy groups may convince the same entities to use or allow matched-pair testing.

Employers can implement a hiring process with steps in place to avoid discrimination. Ask questions focused on the knowledge, skills, and abilities needed for the job. Be cautious if “hiring for fit.” Articulating the qualities indicative of your workplace’s culture and crafting questions that elicit what makes employees successful in that culture are important. Asking if an applicant is a team player is not specific enough. Asking how closely an applicant wants to be supervised is a more specific question that can better determine if an employee would be successful.

If you have questions or concerns about the hiring process, please email the Employers Council Member Experience Team.