Pre-employment testing and US law
A summary of the rules that matter most when testing candidates in the US.
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Important
Pre-employment tests and the ADA
Under the ADA, a psychological test that can identify a mental disorder is a medical exam and cannot be used before a conditional job offer. Alobri hiring batteries use only non-clinical, job-related assessments, and clinical inventories stay out of hiring workflows.
Legal framework
What the law says
| Pre-employment testing (ADA, Title VII) | Under ADA Title I (employers with 15+ employees), employers may not require medical exams or ask disability-related questions before a conditional job offer. Per EEOC, a psychological test is a medical exam if it provides evidence that would lead to identifying a mental disorder (e.g., depression or anxiety inventories such as Beck, PHQ-9 or DASS-21), while tests measuring only honesty, tastes and habits are not. Under Title VII and the Uniform Guidelines (29 CFR Part 1607), tests with disparate impact must be validated as job-related, the employer remains responsible even when using a vendor's test, and NYC Local Law 144 requires an annual bias audit and notices for automated employment decision tools. |
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| Privacy | There is no general federal privacy law for these results. Post-offer medical information, including clinical psychological results, must be kept confidential in separate medical files, not in the personnel file (EEOC ADA guidance). |
How Alobri helps
- Job-related batteries applied consistently to every candidate for the same role.
- No clinical or mental-health inventories in hiring workflows.
- Adverse-impact reporting by stage so you can review cut-offs.
- Consent capture, role-based access, audit logs and configurable retention.
Sources
- https://www.eeoc.gov/laws/guidance/enforcement-guidance-preemployment-disability-related-questions-and-medical
- https://www.eeoc.gov/laws/guidance/employment-tests-and-selection-procedures
- https://www.law.cornell.edu/uscode/text/42/12111
- https://www.nyc.gov/site/dca/about/automated-employment-decision-tools.page
This content is informational and is not legal advice. Laws change; validate your situation with counsel. Reviewed: .
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