Are employers allowed to require job applicants to take a physical or mental ability test?
In Texas, employers are generally allowed to require job applicants to take a physical or mental ability test, as long as the test is job-related and not used to discriminate against individuals. Texas employment discrimination law prohibits employers from using any test that has a disparate impact on individuals based on certain protected characteristics, such as race, gender, religion, or national origin. Additionally, Texas employers must not use tests or other selection devices that are undefined, obscure, or not job-related. In order to meet this requirement, employers must demonstrate a specific link between the test and the specific job for which the applicant is applying. Additionally, employers can only administer the test to applicants and not to employees already employed by the employer. If an employer violates Texas employment discrimination law by requiring a physical or mental ability test, the courts can determine whether the test was used as a pretext or means to discriminate against an applicant. If found liable, the employer may be required to pay damages to the applicant or employee. This could include compensation for lost wages, lost benefits, and emotional distress. In summary, Texas employers are generally allowed to require job applicants to take physical or mental ability tests, as long as the tests are job-related and not used to discriminate against individuals.
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