Generally, employees taking an exam required for promotion should be tested under similar circumstances, take the same test and generally be treated the same.
But sometimes, especially during a hands-on test, it becomes obvious early on that the employee does not have the skill to pass. If that’s the case, you can end the test early.
Recent case: Rodney, who is black, wanted a promotion to a machinist position. The promotion required a physical skill test. Halfway through the test, Rodney missed a crucial step when he improperly removed a bushing from the lathe. The tester stopped the test and failed Rodney.
He sued, alleging he hadn’t received the full time others had.
That didn’t matter, concluded the court, when the test was cut short at the point it was obvious he would not pass. (Washington v. American Airlines, No. 11-3423, 8th Cir., 2015)