Workplace Testing, Is It Legal?
Workplace testing has become increasingly popular, as employers screen their workers in an effort to figure out who would be the best candidate for promotion or who is responsible for a... Additional Mandates of ADA for Employment Tests
Additional types of adjustments in the administration of employment tests include the following: - Using large print or braille on the test form; - Using a reader for applicants who...
Definition of Medical Examination Under ADA
Neither ADA nor the EEOC's regulations specifically define the term ''medical examination.'' However, the EEOC has defined the term in its Enforcement Guidance on ''Preemployment...
Employment Tests Must Comply With ADA
In essence, to be in compliance with the ADA, employment tests must satisfy three requirements: (1) The tests must actually measure what they purport to measure; (2) The skills measured...
Legality Of Employment Tests Under ADA
The ADA addresses concerns about the discriminatory effect of employment tests and methods of test administration. Sections 102 (b)(6) and (b)(7) of the Act define discrimination to include:...
Medical Examinations As Prohibited Discriminatory Practices
In order to prevent discriminatory practices, the ADA defines prohibited discrimination as including pre-employment medical examinations and inquiries that focus on a job applicant's...
Psychological examinations may or may not be considered ''medical examinations'' depending upon the purpose of the examination and the nature of the individual inquiries made. According to the...
Seeking Disability Information From Third Parties
At the pre-offer stage, an employer is prohibited from seeking disability related information not only from the applicant, but also from any third party, such as the applicant's prior employer or...
When Employer Must Offer Alternative Employment Tests
Generally, an employer is required to provide an alternative test format only if it knows prior to the administration of the test: - That the individual is disabled; and - That the...
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