Does your organization put job applicants through a battery of tests before you make a hiring decision? Some of these tests are perfectly legal, some may be borderline and others could cross the line. Both federal and state laws can restrict the ability to test employees. To further cloud the issue, legal interpretations in this area may be fuzzy.

Action idea: Proceed with caution. First and foremost, try to grasp a fundamental understanding of the rules in this area.

To help managers and their human resource personnel along, here are some basic guidelines.

Skills test: A skills tests can be as simple as asking someone to run through some basic keyboarding. But it might be more complex for technical jobs or positions requiring professional or special talents. Generally, you can use this type of skills test only if it is a legitimate means for measuring the skills necessary for a particular job.

Psychological tests: An employer may use a written test (often in a multiple-choice format) to provide insight into an applicant’s personality or attitude. If the test is made mandatory for applicants, it could open up your organization to potential lawsuits. For instance, the test could be found to discriminate against minority or female applicants because it does not reflect actual skills. Similarly, such a test may invade a person’s privacy by making inquiries into personal areas like religion or sexual orientation.

Lie detector tests: Under the federal Employee Polygraph Protection Act, employers are generally prohibited from requiring applicants to take a lie detector test or asking applicants about previous lie detector tests. (Note: There are some exceptions if security is involved in the position.)

Medical exams: If you conduct a medical examination before offering a candidate a job, you may be violating the Americans with Disabilities Act (ADA). Also, do not inquire about the applicant’s medical history. Subsequently, a job offer may be made conditional upon the applicant passing a medical exam. However, this process must be followed for everyone to avoid discrimination problems under the ADA.

Drug testing: The laws in this area vary from state to state. For instance, in some states drug tests are permitted only for jobs involving public safety; others allow drug testing for any occupation, and still others prohibit them completely.

Action idea: Before you initiate a drug-testing policy, consult with an attorney regarding the applicable laws. Make sure you adhere to both state and federal laws for all testing of job applicants.

At Lewis, Hooper & Dick, LLC, we offer comprehensive services in human resources. Please contact David Lunzmann at (620)275-9267.

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