Psychometric testing is already widely used by employers, particularly in recruitment and promotion decisions, and is a valuable tool. If employers choose to use implicit association theory tests such as the Implicitly assessments, there are some bear traps they need to be aware of.

The tests could be indirectly discriminatory if people of different cultures, age groups or sex approach them differently and if recruitment and promotion decisions are then made on the basis of the results. The employer would be required to demonstrate that the test is a proportionate means of achieving a legitimate aim. Avoiding discrimination in its workplace might be a legitimate aim, but the employer is likely to need evidence that the testing has this effect.