Are there specific limitations on testing in the hiring process?
Employers may use any kind of test to determine job qualifications. The ADA has two major requirements in relation to tests: • If a test screens out or tends to screen out an individual with a disability or a class of such individuals on the basis of disability, it must be job related and consistent with business necessity. This requirement applies to all kinds of tests, including, but not limited to: aptitude tests, tests of knowledge and skill, intelligence tests, agility tests, and job demonstrations. An employer is only required to show that a test is job-related and consistent with business necessity if it screens out a person with a disability because of the disability. If a person was screened out for a reason unrelated to disability, ADA requirements do not apply. • The ADA requires that tests be given to people who have impaired sensory, speaking or manual skills in a format and manner that does not require use of the impaired skill, unless the test is designed to measure that
