Testing 1, 2, 3 — Is She Crazy or Not? ADA and Personality Tests
November 23, 2004I thought that certain personality tests were almost guaranteed to be considered medical tests, as defined by ADA. This ADA enforcement guidance from the EEOC, for example, indicates that a test that leads to information about whether candidates have various mental symptoms, would be considered a medical test. But, as described in this latest Proskauer Rose newsletter, there is a recent case in Illinois (Karraker v. Rent-A-Center), wherein the court ruled that the famous MMPI was
not a medical test, as defined by the ADA. This newsletter summarizes some of the thinking of the court on this matter.
In particular, the court considered the factors that EEOC suggests be used in determining whether a test is a medical test or not:
(1) whether the test is administered by a health care professional;
(2) whether the test is interpreted by a health care professional;
(3) whether the test is designed to reveal an impairment or physical or mental health;
(4) whether the test is invasive;
(5) whether the test measures an employee’s performance of a task or measures his/her physiological responses to performing the task;
(6) whether the test normally is given in a medical setting; and
(7) whether medical equipment is used.
While the court concluded that the MMPI test could be used in a medical way, the company had expert testimony from a clinical psychologist, who convinced the court that:
A personnel or “vocational” scoring protocol would look primarily at personality traits that a company would want to know about potential employees. This vocational protocol, used by RAC, does not provide indications that a particular score is high enough to be a possible symptom of a psychiatric illness.
The MMPI and related instruments have been the focus of other lawsuits, especially a famous case (Saroka V. Dayton Hudson), alleging privacy violations.
Related Posts
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Update: Testing 1, 2, 3….ADA and personality testing; Appeals Court Overturns Earlier Decision
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To Proctor or Not to Proctor: That is the Question for Some Internet Tests
Follow-Up to EEOC’s Investigation of FedEx’s Employment Testing
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