Research & Publications

“Legal Concerns in Using Handwriting”

By Ruth Holmes

One of the first questions asked by a client or company when they recognize the value of using handwriting profiles in their recruiting and evaluation process is: “Is it legal?” or “Are we violating an individual’s right to privacy?”

These are legitimate concerns for an employer in any size business or industry. Those in the human resource departments need to be sensitive to the rights of individual privacy and protect employees from all forms of discrimination.

Employers are concerned about potential damages and the validity requirements of any test found within the 1964 Civil Rights Act which is interpreted and enforced by the Equal Employment Opportunity Commission. This act prohibits discrimination based on age, sex, religion, handicap, race, color or national origin.

The advantage of professional handwriting evaluation is that it does not infringe on the criteria listed above since the examiner never meets the writer in the screening process. The handwriting examiner is also free from the cultural implications of most psychological tests.

Handwriting evaluation is ideally suited to eliminate all categories of discrimination. Far more prejudice may be evoked in a face to face meeting with the job applicant and the prospective employer.

All employment positions require a certain degree of competence, reliability, determination, ambition, integrity and other qualifications which can be detected through scientific handwriting evaluation.
E.E.O.C.

The Constitution guarantees the right to privacy of all individuals. To this point in time, the U.S. Supreme Court in court decisions has ruled that writing and signatures are a form of public behavior much like one’s voice, gestures or facial characteristics which are constantly shown to the public. The contents, thoughts, and ideas remain the writer’s possession.

How To Use Handwriting

Handwriting is a product of the applicant, not the tester. The employment application and writing pass to the employer’s possession. The job applicant implicitly agrees to the employer’s investigation of his background, references and other requirements such as interviews and psychological or other forms of testing. A personality profile from writing is only one of many tools in the evaluation process for hiring, promoting or motivating.

As personnel consultants, the handwriting examiner requests that the company ask job applicants to respond to the following request on a blank sheet of 81/2 x 11’ paper using a ballpoint pen:

“Please write (do not print) why you feel you are qualified for a position with our company. If you normally print, you may print the last paragraph.

Please sign this statement two times with your legal signature. The form and content of this essay will be considered a part of your application.”

After thorough examination of the handwriting, the traits based on uniform standards can be rated on a pertinent scale to evaluate the personality and the performance potential of each job applicant.

Right Person For The Right Job

The purpose of the personality profile is not to eliminate qualifiedcandidates, but to find the right person for the job. A person well suited to a particular position is far more productive and satisfied than one who is not. Personnel turnover can be reduced.

The validity of handwriting evaluation has been established empirically and research continues. Furthermore, the utilization of this tool and the actual hiring, promoting or terminating of any individual is left to the full discretion of the employer. The handwriting evaluation, whether written, presented in person or via the telephone, is only one option considered in the screening process.

Numerous companies have also found it advantageous to have writing samples on file in the event of incidents involving forgeries, anonymous letters or other questioned documents.

Supreme Court Decisions Concerning Handwriting

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 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.”