Akin Gump Lawyers Pen Article for Bloomberg BNA on ADA Challenges to Personality Tests

Esther Lander and Ashley Keapproth, partner and counsel, respectively, in the labor and employment practice at Akin Gump, have authored the article “Hiring a ‘Will Do’ Workforce: ADA Challenges to Personality Tests,” which was published in Bloomberg BNA’s Daily Labor Report.

Along with David Jones, the founder of candidate assessment firm HRStrategies, the authors examine whether employment-related personality tests violate the Americans with Disabilities Act. In doing so, they propose four possible theories as to why they could:

  • unlawful medical inquiry
  • discrimination by failing to provide a reasonable accommodation
  • intentional discrimination
  • disparate impact discrimination. 

The article also provides employers with practical advice about how to minimize legal risks when utilizing these tests.

To read the full article, please click here.