Are employers allowed to require job applicants to take a physical or mental ability test?
Yes, employers in Washington are allowed to require job applicants to take a physical or mental ability test. However, the employer must ensure that the test is job-related and non-discriminatory. In other words, the employer needs to make sure that the test does not unreasonably exclude any applicant on the basis of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, or veteran status. For example, an employer cannot require applicants to take a physical ability test that solely tests their upper body strength if the job does not require any upper body strength. The employer also cannot ask applicants about certain health conditions that may be seen as discriminatory. Additionally, employers cannot give preference to a certain group (i.e. one protected under Washington’s discrimination law) when administering the test. Prior to administering the test, employers must provide job applicants with a written description of the physical or mental ability test, the purpose of the test, and the date on which it will be administered. Employers also need to provide job applicants with an opportunity to practice the test prior to taking it. Finally, employers must ensure all job applicants are treated equally and fairly when administering the test.
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