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ARTICLE · 19 JUNE 2018

Physical Ability Tests: How Employers Can Minimize Their Risks

Ogletree, Deakins, Nash, Smoak & Stewart
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The EEOC focus on challenging pre-employment testing highlights the importance of carefully validating such tests before implementing them and reexamining existing pre-employment tests...

United StatesEmployment and HR
Mallory Stumpf
Mallory Stumpf
Sarah Smith Kuehnel
Sarah Smith Kuehnel
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The Equal Employment Opportunity Commission's (EEOC) focus on challenging pre-employment testing highlights the importance of carefully validating such tests before implementing them and reexamining existing pre-employment tests to ensure they will withstand legal scrutiny. Failure to do so can result in costly investigations, charges, and lawsuits from the EEOC.

Last April, the EEOC filed a lawsuit against a trucking company alleging the employer violated the Americans with Disabilities Act by using a pre-employment "back assessment" testing applicants' ability to balance and stand on one leg and touch their toes while standing on one leg in EEOC v. Hirschbach Motor Lines, Inc., No. 2:18-cv-00175 (U.S. District Court for the District of Maine). Likewise, the EEOC has settled two lawsuits against employers for their use of pre-employment tests this year.

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