Say This Not That: A Practical Guide on How to Use Behavioral Assessments Without Crossing the EEOC Line 

November 12, 2024

Matt Gainsford

Matt Gainsford

Behavioral assessments like The Predictive Index are valuable tools—when used correctly. The horror stories shared here show how misinterpreting data or placing too much weight on assessments can lead to poor hiring decisions and missed opportunities. Dive in to learn more!

Screenshot 2024-11-12 at 12.09.13 PM

Just like choosing the right foods in a diet can make all the difference, so can using the right language when applying behavioral assessments like the Predictive Index (PI) to your hiring process. These tools give you a data-driven advantage, providing insight into how candidates perform in specific roles. But, much like with diet, the wrong approach can have serious consequences. 

When companies misuse or over-rely on assessments, it’s like picking the wrong items from the menu—qualified candidates get discarded when they shouldn’t be. And this isn’t just bad for business—it’s risky territory that can violate EEOC (Equal Employment Opportunity Commission) guidelines. 

That is why we have created a 10-point “Say this, not that” guide inspired by the “Eat This, Not That” approach. Just as you would swap an unhealthy choice for a better option, we have outlined how to shift your language and approach to outline the use of assessments effectively, stay compliant, and make smarter hiring decisions. We have also thrown in real-world cautionary tales to show what can happen when you get it wrong (because who doesn’t love a good horror story)? 

Make the right choices with your words and your data. Stay compliant, stay sharp, and let this guide be your healthy hiring roadmap. 

1. Don’t Say: “This isn’t a pass/fail test.” 

Say This Instead: “We use this data to create questions specific to how you approach the role.” 

While the PI assessment is not technically pass/fail, using that phrase can imply a binary judgment. Instead, focus on how the assessment helps tailor interview questions to the candidate’s role-specific approach and how it supports building cross-functional relationships. 

Horror Story: A strong candidate for a leadership role was told this wasn’t pass/fail, yet after taking the test, she wasn’tadvanced because her results didn’t match the hiring manager’s ideal profile. She was discarded despite a stellar track record, and the company later struggled to build team cohesion. 

2. Don’t Say: “This tells us if you’re the right fit or not.” 

Say This Instead: “We’re looking to understand how your natural strengths align with the role’s demands.” 

PI assessments provide insights, not definitive answers. By focusing on a candidate’s natural strengths, you create a broader conversation around their fit and development, rather than making a judgment based on rigid data points. 

Horror Story: A highly skilled sales candidate, we’ll call her Jane, was rejected because her PI results showed lower assertiveness, and no follow-up questions were asked. The company missed out on her consultative sales approach, and she went on to outperform the company’s new hire while working for a competitor. Jane now has a superyacht and the company she interviewed with is paying for the fuel on account of being sued for breach of EEOC guidelines. 

3. Don’t Say: “Your assessment results determine whether we’ll move forward.” 

Say This Instead: “We’re using this data to support your long-term success in the company.” 

Emphasize that assessments are just one part of the process, with the ultimate goal being to support the candidate’s long-term growth. This frames the data as helpful, not restrictive. 

Horror Story: A candidate for a product manager role, rich in experience, was rejected due to a low cognitive score. Her actual work history showed great problem-solving capabilities. The company later struggled because the new hire couldn’t match her creative thinking. If only they’d used the PI to get curious and to ask for examples of where innovation and problem-solving had taken place. They would have found out that she had once won a game of Connect Four in only three moves. 

4. Don’t Say: “This will show if you’ll be able to handle the job.” 

Say This Instead: “This helps us understand how to set you up for success.” 

Instead of making the assessment feel like a barrier to entry, focus on how the data helps build a supportive structure around the candidate’s success. 

Horror Story: An engineering candidate was cut after her PI flagged low tolerance for ambiguity. The irony? Her structured approach was exactly what the team needed. The company missed out on a stabilizing force by misinterpreting the results.  

5. Don’t Say: “We’re using this to find the best match for our current culture.” 

Say This Instead: “We’re focusing on how you can complement and enhance the team.” 

The phrase “culture fit” can be tricky, often serving as a stand-in for subjective biases. Instead, focus on how the candidate’s strengths can enhance the team and bring new perspectives that benefit everyone. 

Horror Story: A talented, introverted candidate was rejected because her PI results didn’t match the team’s high sociability. The company later realized they needed quieter leaders and diverse thinkers, but they had already lost the chance to hire her. 

6. Don’t Say: “This shows us how you’d need to change to fit the role.” 

Say This Instead: “This data helps us tailor your development and training.” 

Candidates should never feel they need to change who they are to fit a role. Instead, focus on how the company can support a candidate’s development based on their natural strengths. 

7. Don’t Say: “We use this tool to predict your future success.” 

Say This Instead: “We use this tool to better understand your strengths.” 

Emphasizing current strengths over predictive metrics helps candidates feel valued for who they are. It ensures they are not unfairly judged based on hypothetical future scenarios. 

8. Don’t Say: “We use this to decide if you’re a good hire.” 

Say This Instead: “This assessment gives us additional insight for interview discussions.” 

Behavioral assessments should serve as a conversation starter, not a deciding factor. Use the data to deepen your understanding during interviews, not to pre-determine outcomes. 

9. Don’t Say: “Your assessment results will determine where you might struggle.” 

Say This Instead: “We’re using this to support your personal and professional growth here.” 

Focus on how the assessment can help the company support a candidate’s growth rather than highlighting potential struggles. This keeps the conversation positive and developmental. 

10. Don’t Say: “This shows us where you might be a bad fit for the role.” 

Say This Instead: “This helps us explore how you naturally approach tasks.” 

Avoid framing the results as a determination of “fit” and instead use them to understand the candidate’s approach to work. This ensures that the discussion remains objective and free of personal bias. 

The Wrap-Up: Avoiding the Pitfalls of Misuse 

Behavioral assessments like The Predictive Index are valuable tools—when used correctly. The horror stories shared here show how misinterpreting data or placing too much weight on assessments can lead to poor hiring decisions and missed opportunities. 

By focusing on strengths, development, team dynamics, and by avoiding discriminatory language or practices, you can ensure that behavioral assessments are used to support inclusive and effective hiring. Remember, these tools should be part of a holistic hiring process, not the final word. 

At Titus, we’re committed to using assessments to enhance the candidate experience and help companies build teams that thrive, without crossing the line into EEOC violations. By following this guide, your team can stay compliant and still leverage the power of PI assessments to make better, smarter hires. 

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