If an employee fails a pre-employment strength and agility test, do I have to make a reasonable accommodation under the Americans with Disabilities Act (ADA)?
If an employee fails the test, the employer owes no duty of any kind. This interpretation of the ADA was upheld by the Supreme Court in Chevron U.S.A., Inc. v. Echazabal. Additional appellate rulings in EEOC v. Woodbridge Corp., affirmed that the employer did not violate the ADA by denying employment based on results of pre-employment nerve conduction tests for applicants’ susceptibility to carpal tunnel syndrome.
*Sadly, we had to bring back ads too. Hopefully more targeted.