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

December 17, 2014

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Jacinta O'Shea-Ramdeholl

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Sarah Richmond

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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.

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