Chapter § 3-11 § 1630.11. Administration of Tests

JurisdictionUnited States

3-11 § 1630.11. Administration of Tests

It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).

3-11:1 Commentary

3-11:1.1 Employer Administered Tests Must Measure Skills and Not the Impairment

Shepherd v. Goodwill Indus. of S. Tex., Inc., 872 F. Supp. 2d 569 (S.D. Tex. 2011) (plaintiff has severe vision impairment; she applied for an editing position but was not hired because her editing speed was considered too slow by the defendant; defendant thus argued that summary judgment was appropriate because she was not an "otherwise qualified" individual with a disability; court rejects her argument, noting that plaintiff received a reasonable accommodation in taking the test, and it was irrelevant that she did not complain of same at the time she took the test).

Practitioners must keep in mind the issue of standing.

Betes v. Dura Automotive Systems, Inc., 625 F.3d 283 (6th Cir. 2010)

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