When the job market is tight and unemployment is low, employers often look for ways to add value to hiring decisions. Some consider employment testing as an added measure of identifying job fit, either by assessing task performance, reasoning skills, physical ability, personality, or illegal drug or alcohol use.
When tests are introduced as part of a hiring process, legal issues relating to equal employment opportunity must be considered. A test may not discriminate against any protected group, may not cause disparate treatment or disparate impact, and must comply with the ADA’s limitations on medical inquiries.
Read the complete article by clicking on the link below.
Author(s)
Related Insights
April 15, 2026
Foley Viewpoints
Those Unpredictable Teen Years: A Practical Guide to Considerations for Maturing ESOPs
Employee stock ownership plans (ESOPs) have proven to be powerful tools for aligning employee interests with company success and creating…
April 15, 2026
Foley Viewpoints
Demystifying the Duty of Prudence: DOL Proposes ERISA Safe Harbor for Designated Investment Alternatives in Retirement Plans
On March 31, 2026, the Department of Labor (DOL) published a proposed regulation (the Proposed Regulation) creating a new safe harbor for…
April 28, 2026
Events
2026 Spring International Trade Webinar Blitz
This three-part webinar series is presented by Foley’s International Trade team to break down what has changed for companies that operate or source internationally, where risks are accelerating, and what companies should be doing now to understand and manage this evolving risk landscape.