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)