7 Signs of an Illegal Pre-Employment Test

It’s important for recruiters to stay updated on how the Equal Employment Opportunity Commission views the fairness of candidates’ pre-employment tests. The EEOC says tests may be illegal if they are:

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  • Administered by a healthcare professional.
  • Interpreted by a healthcare professional.
  • Designed to reveal a physical or mental impairment.
  • Detailed enough to be considered “invasive.”
  • Designed to measure an applicant’s “psychological response to performing a task” (rather than “an ability to perform the task”).
  • Normally given in a medical setting.
  • Administered using medical equipment.

Elaine Rigoli has nearly 15 years of experience managing content and community for various B2B and consumer websites. Elaine has written thousands of business and technology articles and has been quoted in The Wall Street Journal and eWeek, among other publications.


1 Comment on “7 Signs of an Illegal Pre-Employment Test

  1. The whole area of employment law is just plain comical. I cannot imagine a legal pre-employment test based on these criteria. I also cannot imagine a legal screening question. It feels like we are rapidly approaching the time when getting jobs the way Kramer and George Costanza did on Seinfeld will be the norm. Just show up and start working…It feels like it is almost illegal to not hire anyone who applies..(which I used to do anyhow but have finally cured myself).

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