{"id":4745,"date":"2016-04-04T10:47:41","date_gmt":"2016-04-04T15:47:41","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/pre-employment-tests.html"},"modified":"2026-08-26T15:28:24","modified_gmt":"2026-08-26T20:28:24","slug":"pre-employment-tests","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/pre-employment-tests.html","title":{"rendered":"Are Pre-Employment Tests Legal? An Employer\u2019s Guide"},"content":{"rendered":"\n
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Are Pre-Employment Tests Legal? An Employer\u2019s Guide<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \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

Pre-employment testing<\/span> is a process employers use to screen job applicants<\/span> and identify the most qualified candidates for a position. These tests are generally legal as long as they are directly related to the job and administered fairly to all applicants to avoid illegal discrimination.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Finding good employees isn\u2019t always easy. It\u2019s possible to narrow the search and boost your chances of finding a qualified worker through pre-employment testing<\/span>. Federal anti-discrimination laws<\/span> like the Americans with Disabilities Act<\/span> (ADA<\/span>) and rules enforced by the Equal Employment Opportunity Commission<\/span><\/a>\u200b (EEOC<\/span>) set strict guidelines for using these tests. Employers and hiring managers<\/span> must ensure their hiring process<\/span> does not disadvantage applicants based on race, disability, religion, national origin, or other protected characteristics.<\/p>\n

This guide provides an overview of the different types of pre-employment tests<\/span> and the legal rules business owners must follow. For guidance tailored to your unique small business needs, consider speaking with a local employment law attorney<\/a>.<\/p>\n

Common Types of Pre-Employment Tests<\/span><\/h2>\n

As long as you keep legal restrictions in mind, pre-employment assessments<\/span> can be a helpful part of the hiring process<\/span><\/a>. However, each type of test comes with its own set of rules and potential risks.<\/p>\n

Aptitude Tests<\/span><\/h3>\n

These tests measure cognitive skills like problem-solving<\/span>, critical reasoning, and decision-making. Aptitude tests<\/span> can predict job performance for a new hire, but they measure ability in isolation and don\u2019t assess personality or teamwork<\/span> skills.<\/p>\n

Cognitive ability<\/span> tests<\/span> are generally permitted before or after a job offer. However, you must ensure they don’t unintentionally screen out members of a protected group (see “Disparate Impact” below).<\/p>\n

Job Skills Tests<\/span><\/h3>\n

A skills assessment test<\/span> analyzes a job candidate\u2019s specific knowledge and ability for a role. This is useful when you need to fill a position in a demanding or niche area, like technology or a skilled trade. These tests evaluate two types of skills:<\/p>\n