PERSONALITY TESTING IN TODAYS WORKPLACE - AVOIDING THE LEGAL PITFALLS

The use of personality and other types of psychological testing of job applicants has become increasingly prevalent in recent years. Not onl y are many employers regularly testing applicants for production and l ower-level types of jobs, but also personality testing is being used i n making employment decisions at the highest levels of corporate manag ement. Use of personality testing, however, is not without legal conce rns. Critics have charged that psychological tests discriminate agains t women and other minorities in violation of Title VII. The Americans with Disabilities Act may limit the use of such tests where they revea l an applicant's mental impairments. Personality testing also may viol ate an individual's right to privacy. This article discusses the natur e and use of personality testing in the workplace and the legal proble ms that may arise when an employer utilizes personality tests, and it provides some practical advice on how, in the face of a legal challeng e, an employer may validate and justify its testing procedures.