ADA Prohibits Personality Tests That Screen For Mental Illnesses

Published August 23, 2005

 

To focus on the best applicants, many employers turn to personality tests. Twenty years of research seem to support their decision. After all, research has established definitive links between specific personality traits and various aspects of job performance. Take note, though, that for purposes of the Americans with Disabilities Act (ADA), the Seventh Circuit Court of Appeals has ruled that personality tests that screen for mental illness are likened to medical exams, and therefore, are illegal to administer to employees/applicants.

Court "research" results: The Minnesota Multiphasic Personality Inventory (MMPI) is designed, at least in part, to reveal mental illness. Because of this, the Seventh Circuit ruled that the test amounted to a medical examination. Since the ADA prohibits employers from conducting medical examinations that screen for mental illness, the court ruled that using the MMPI violated the ADA. (Karraker v. Rent-A-Center, Inc., 7th Cir., No. 04-2881, 2005)

Note: The employer in Karraker used an earlier version of the MMPI. The current version, the MMPI-2, has been significantly revised to eliminate many true-false statements found objectionable by the court.

 

Ensure Your Personality Tests Make The ADA Grade

Although the Seventh Circuit's ruling only applies to the MMPI, it's reasonable to conclude that any personality test that aims, in part, to diagnose psychological disorders may run afoul of the Americans with Disabilities Act. Therefore, there's no time like the present to assess any personality tests your company may employ or those you're thinking of using.

For starters, look at the test questions themselves. Make sure they are job-related and free from mentions of faith, spirituality, sexuality, and self-diagnosis.

Have an objective third party (preferably a member of management not involved in the hiring process whatsoever) take the test and share his/her impressions with you. Note any questions the test-taker labels as a red flag.

Then, take a look at the test as a whole. Determine: its purpose and function; how it identifies the job characteristics for which you're looking; how widely it's used in your industry; whether an updated version exists; and whether it raises concerns about an individual's mental state. Take a similar look at tests used by recruiters and staffing agencies that provide your company with applicants or employees.

Most importantly, decide whether you think personality tests are right for your company. Take into consideration that much research has been devoted to studying how individuals lie and purposely fake their personality type on these tests. Some experts contend that it's surprisingly easy to manipulate the tests to get the "right" (i.e., you're hired) answers.

Personality tests aren't the only windows into applicants' and employees' personalities. If you decide not to use these tests, consider incorporating behavioral-based questions into your hiring interviews. Behavioral questions are designed to draw out examples of how the applicant has acted under conditions he/she will likely encounter on the job.

 

Related Topic(s): Discrimination/ADA - Americans with Disabilities Act