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