{"id":357769,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/employment\/hiring-process\/tests-at-work-your-rights.html"},"modified":"2026-06-29T09:51:34","modified_gmt":"2026-06-29T14:51:34","slug":"tests-at-work-your-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/hiring-process\/tests-at-work-your-rights.html","title":{"rendered":"Employment Tests: Types, Legality, and Your Rights"},"content":{"rendered":"\n
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Employment Tests: Types, Legality, and Your Rights<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Employment tests during the hiring process<\/span> are tools employers use to assess a candidate\u2019s skills, personality, or physical abilities to determine job suitability. These exams, ranging from cognitive tests<\/span> to drug screenings, must be job-related<\/span> and consistent with business necessity to remain legal.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Employers have always looked for ways to sort stacks of resumes and job applications<\/span> into viable job candidates. One method is through employment testing. Some types of tests<\/span>, such as typing assessments or writing exercises, have existed for decades. Others, like the psychological tests for various personality traits<\/span>, are of recent origin.<\/p>\n

Whether all these tests are legal is another matter. Some may violate your right to privacy or HIPAA laws. Others violate federal anti-discrimination laws. A few seem neutral on their face but violate discrimination laws by having a \u201cdisparate impact\u201d on those who took them.<\/p>\n

Applicants should be aware of their legal rights to refuse before agreeing to take certain types of <\/span>pre-employment tests<\/span>. These testing methods will differ from the way your employer will assess your\u00a0job performance<\/span>\u00a0once you\u2019re an employee.<\/p>\n

Types of Employment Tests<\/strong><\/h2>\n

There is a wide array of employment tests available, often particular to the industry in which the company operates. The two general categories are pre-employment tests<\/span> and post-employment tests. Laws limit the types of tests<\/span> an employer can do to screen out employees before a job offer.<\/p>\n

In general, employers cannot administer tests that discriminate against potential workers<\/a> based on protected categories, which include race, religion, gender, national origin, and age. The Equal Employment Opportunity Commission<\/span><\/a> (EEOC<\/span>) has a fact sheet that describes best practices for employers and what they cannot ask employees before a conditional job offer.<\/p>\n

Human resources professionals and recruiters may use any or all of these tests to prescreen employees prior to referring them to employers. HR professionals<\/span> must still follow federal and state regulations when administering tests.<\/p>\n

Legal Employment Tests<\/strong><\/h2>\n

Any employment test must:<\/p>\n