To Test or Not to Test: The Status of Psychological Testing Under the Ada

David W. Arnold
Alan J. Thiemann


DOI: 10.2190/ULXB-9NQE-DF3R-NR3M

Abstract

The enactment of the Americans with Disabilities Act (ADA) has raised a number of questions for employers who must ensure that their hiring practices do not unfairly discriminate against the disabled. This article provides a discussion of the permissibility of using preemployment psychological tests under the ADA as established by the EEOC's final rules and case law under the federal Rehabilitation Act.

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