Are employers allowed to require job applicants to take a physical or mental ability test?

In Virginia, employers are allowed to require job applicants to take a physical or mental ability test in certain situations. According to the Virginia Code §2.2-3901, employers are allowed to make certain tests a condition of employment that measure physical abilities, mental abilities, or specific skills required by the job. However, if the test has the potential to discriminate against applicants based on their race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, or marital status, it cannot be used. The employer must also provide reasonable accommodations for applicants with physical or mental disabilities. It is important to note that the employer must provide a valid reason for requiring the test and it must be job related. Employers must also make sure the test is fair and evenly administered and that they are not using it as a way to discriminate against certain individuals. Additionally, in certain situations, such as when federal government requirements are involved, other laws may affect the tests that can be used by employers. In conclusion, employers in Virginia are generally allowed to make physical or mental ability tests a condition of employment, so long as the test does not discriminate against applicants based on certain protected characteristics and is job related. Employers should ensure the test meets all relevant legal requirements.

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