Steve Jobs, the former CEO and chairman of Apple, Inc., believed that his most important responsibility was hiring the best employees. Jobs understood that a company’s employees are its single greatest investment. Before a company invests in an expensive new piece of equipment, management will typically research the product, secure information from vendors, and test the product before making a final decision. Businesses should at least devote the same time and effort to hiring decisions, but federal and state laws make it unlawful for employers to use certain forms of testing when make hiring decisions. This chapter will discuss how employers can lawfully use pre-employment testing to identify the “right employee.”
Employers may wish to use pre-employment tests to screen applicants. It is important for any such business that uses pre-employment testing as part of the hiring process to ensure that any such test does not violate the Americans with Disabilities Act (ADA). Any such business should ensure that the qualification standards or selection criteria do not tend to screen out persons who qualify as disabled under the ADA unless the standard or criteria being measured is both job-related and consistent with business necessity.