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 by the test must be job-related; and (3) The tests must be given in a non-discriminatory fashion. Under the ADA, an employer must do more than select tests that adequately register a job applicant's ability to perform the particular job in question. An employer has the additional affirmative obligation to ensure that the test format does not have the effect of disqualifying an applicant with a disability solely because of the person's impaired skill. The only exception under the ADA would arise in the situation where the skills that are required in order to take the test are also those that the test is legitimately intended to measure.