Pre-employment testing

Is general pre-employment testing legal or must any pre-employment testing specifically relate to the particular job being applied for?

Are general personality or skill test legal?

1 answer  |  asked Sep 22, 2005 12:14 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
yes and no

psych testing has become increasingly common in the hiring process. tests administered have included the mmpi-ii or -iii, the myers-briggs personality inventory, and others. some of the questions, esp. on the mmpi, however, are illegal and/or are invasions of protected privacy rights. for example, you should not have to answer whether "i prefer girls to boys", or "i believe in a supreme being". these test results are valid with up to 5-10% of the questions unanswered. the law regarding the whole question of such testing is unclear, as it becomes a question whether it is to screen out persons with psychological disabilities.

general skills testing, such as ability to read, write and do basic math, are fine.

if you believe you were denied a job because of the results of psych testing, you should talk to an attorney experienced in employment law.

janet m. koehn

posted by Janet M. Koehn  |  Sep 22, 2005 12:46 PM [EST]

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