Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities.
But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court.
Sources of testing challenges
Several federal and state employment laws address job testing. Courts have held Title VII of the Civil Rights Act to prohibit “practices that are fair in form, but discriminatory in operation.” The act protects employees from discrimination based on their race, color, religion, sex or national origin. Consequently, any test that screens out racial or religious minorities or foreigners, or favors one gender over another, could potentially open employers to litigation.
Similarly, the ADA protects “qualified individuals with disabilities” from discr...(register to read more)