Can we administer personality tests without running afoul of the ADA? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Can we administer personality tests without running afoul of the ADA?

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in Employment Law,Human Resources

 

Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?  
                              
A.
Like many aspects of the ADA, deciding whether a personality test violates the law requires an individualized analysis.
         
The ADA prohibits employers from asking an applicant disability-related questions or requiring a medical examination before making a conditional offer of employment. Disability-related questions are those that prompt applicants to provide information regarding disabilities. A medical examination seeks information about an applicant’s general health or physical or mental impairments.
 
If a personality test elicits information that would likely lead to identifying a mental disorder or impairment, it would be considered a medical examination. However, if the test measures characteristics such as honesty, habits or tastes, it probably is not a...(register to read more)

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