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Pre-employment Tests

Must I take a pre-employment examination?

A potential employer who has at least 15 employees (and is therefore covered by federal laws against disability discrimination) cannot require you to take such a test before offering you a job.

They must offer you a job before making you take a medical or physical examination, but might then reject you if the exam shows that you cannot perform the job adequately. If you fail the exam and are rejected from employment, then you will know that the only reason you were rejected was because of the exam. That way, if you think that you were illegally denied employment due to a disability revealed during the exam, your employer can't say that he rejected you for some other reason.

The exam must be related to the work you will be doing. For example, if you are going to be an office receptionist, you normally shouldn't be asked to lift 75-pound weights as part of the medical exam. On the other hand, if you are applying for a parcel service job, the employer might be able to reject you if you can't lift a 75-pound weight.

• Must the employer keep the results of my exam confidential?
• Can I be required to take a pre-employment drug test?