# Aptitude Diagnostics: Structured interviews, valid tests, AI screening with discretion > Why 'gut feeling' in interviews is costly, how structured processes increase the hit rate, what legally applies to AI-supported screening, and how the works council co-determines selection guidelines. URL: https://techport.ai/en/hr-beratung/recruiting/eignungsdiagnostik --- 1. [HR Consulting](/en/hr-beratung)/ 2. [Recruiting](/en/hr-beratung/recruiting)/ 3. Selection and Aptitude Diagnostics [Recruiting](/en/hr-beratung/recruiting) # Selection and Aptitude Diagnostics By Redaktion techport.ai, HR-Beratung · Last updated on 21 August 2026 The unstructured job interview is the most popular selection method and one of the worst. It primarily measures how well someone converses and how similar they are to the interviewer. Research on this has been unequivocal for decades, yet most companies make decisions based on it for contracts worth six-figure sums. Aptitude diagnostics means defining what the role requires before the interview, and then using methods that precisely measure that: structured interviews with rating anchors, work samples, and validated tests where necessary. This is less effort than it sounds and makes selection decisions transparent, including to the works council and in court. ## How to spot it * Two interviewers reach opposing conclusions after the same interview. * Poor hires are identified after six months, and no one can say what was overlooked in the selection process. * The applicant tracking system offers AI ranking, and no one knows what criteria it uses to sort. * Rejections cannot be justified because no criteria are documented. ## Why this happens Selection is considered a matter of experience. Managers trust their judgment, and no one measures if it is accurate, because feedback only comes months later and is never linked back to the interview. AI functions are supplied and activated by providers without anyone reviewing the criteria. ## Our approach 1. **Refine the requirements profile.** From the job description and job architecture, we derive the five to seven competencies crucial for success in the role. 2. **Define the process.** For each competency, we select a method: structured interview question with a rating scale, work sample, or test. We create guides that interviewers can use without training. 3. **Classify AI usage.** Where software pre-sorts or evaluates, we examine the criteria, data basis, and legal classification. Under the AI Regulation, applicant selection systems are high-risk systems, with obligations applicable from December 2027. The works council's co-determination rights regarding selection guidelines already apply today. 4. **Measure quality.** We link selection evaluations to subsequent performance after six and twelve months. This helps you learn which methods are predictive for your organisation and which are not. ## What you gain * Fewer poor hires, and each poor hire costs, on average, half to a full annual salary. * Decisions that you can justify to applicants, the works council, and the courts. * Interviews that are shorter and more informative. ## From our projects When we link selection evaluations to subsequent performance after twelve months, many companies find that unstructured interviews have practically no predictive power, while work samples and structured interviews perform significantly better. The most common objection from managers is the effort involved. After the initial guides, this reverses because conversations become shorter and decisions are easier to make. ## Good to know Under § 95 BetrVG (Works Constitution Act), the works council in companies with more than 500 employees can demand the establishment of selection guidelines. Since 2021, this explicitly applies even when AI is used in their establishment. The Allgemeines Gleichbehandlungsgesetz (General Equal Treatment Act) requires that selection criteria do not relate to age, gender, origin, religion, disability, or sexual identity. Documented criteria are the best protection against compensation claims under [§ 15 AGG](https://www.gesetze-im-internet.de/agg/__15.html). ## Frequently asked questions Are personality tests useful? Not for most roles. Work samples and structured interviews are better predictors of performance. Tests are worthwhile as a pre-filter when applicant numbers are high, or for roles where specific characteristics are demonstrably crucial. Are we permitted to use AI for pre-selection? Yes, under conditions: the criteria must be known and non-discriminatory, a human must make the decision, applicants must be informed, and the works council (Betriebsrat) must be involved. From December 2027, the high-risk obligations of the AI Act will apply. ## Let's talk about Selection and Aptitude Diagnostics In a thirty-minute first call we clarify where your biggest lever is and whether we are the right partner for it. [Book a first call](/en/kontakt)[Our consulting](/en/so-funktionierts) ## Further reading [Strategy and PlanningAI in HR with GovernanceProperly introducing AI in HR work: evaluating use cases, understanding high-risk classification under the AI Act, deadlines since the Digital Omnibus 2026, clarifying co-determination and data protection.](/en/hr-beratung/strategie-und-planung/ki-im-hr)[Co-determination and ComplianceHR Software and Works CouncilsEvery HR system is subject to co-determination, even without an intention to monitor. How to successfully introduce it with the Works Council: early information, framework works agreement, data protection concept, AI clauses.](/en/hr-beratung/mitbestimmung-und-compliance/betriebsrat)[RecruitingApplicant Data and Data ProtectionHow long can applicant data be stored? Deletion concept between AGG (General Equal Treatment Act) deadlines and GDPR (General Data Protection Regulation), consent for talent pools, rights of access and the role of the applicant tracking system.](/en/hr-beratung/recruiting/bewerberdaten-dsgvo)[KnowledgeHR Regulatory RadarWhat applies, what is coming, what to do now.](/en/hr-beratung/regulatorik-radar)[KnowledgeHR GlossaryKey HR terms, briefly explained.](/en/hr-beratung/glossar) Back to the field [Recruiting](/en/hr-beratung/recruiting) ## Sources * [Section 95 Betriebsverfassungsgesetz (Works Constitution Act), Selection Guidelines](https://www.gesetze-im-internet.de/betrvg/__95.html) * [Section 15 Allgemeines Gleichbehandlungsgesetz (General Equal Treatment Act), Compensation and Damages](https://www.gesetze-im-internet.de/agg/__15.html) * [Regulation (EU) 2024/1689 (AI Act), EUR-Lex](https://eur-lex.europa.eu/eli/reg/2024/1689/oj) Rt Written by [Redaktion techport.ai](/ueber-uns), HR-Beratung Mehr als 15 Jahre Erfahrung in HR-Prozessen und HR-Systemen, Einführung von HR-Software in mittelständischen Unternehmen, Verhandlung von Betriebsvereinbarungen zu IT-Systemen. 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