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: (6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or an employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude or whatever other factor of such applicant or employee that such tests purport to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).