Applicant tests must be directly related to job.

Making a job offer is a de facto acknowledgement that you believe the person is qualified for the position. If the offer is contingent on some sort of pre-employment test, make sure the test is directly related to job tasks and is consistent with business necessity. Otherwise, you are risking lawsuits that likely favor applicants who fail the test.

Recent case: Alana was offered a truck driver job, contingent on passing a physical test of strength. The company used the same test--developed by an outside vendor--to evaluate all other newly hired drivers.

Alana failed the test and the offer was...