hpcsaThe Citizen reports that the High Court in Pretoria has set aside a proclamation in terms of the Employment Equity Amendment Act that sought to make it compulsory for the Health Professions Council of SA (HPCSA) to certify all psychological testing and similar assessments used by employers.  

This week’s order followed a long legal battle between the Association of Test Publishers of SA (ATP), the labour minister and the HPCSA.  In terms of the Employment Equity Act, psychological tests are prohibited unless they have been scientifically shown to be valid and reliable, can be applied fairly to all employees and wearere not biased against any group.  But the subsequent proclamation stated that, in addition to these requirements, the tests and assessments also had to be certified by the HPCSA.  The ATP successfully contended that the introduction of the new requirement was premature as there was no framework in place regulating the certification of the tests by the HPCSA.


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