Pre-Employment /Personality Testing

New Mexico Employment Laws

Pre-employment testing is a way for an employer to screen job applicants. Employers are legally allowed to administer certain types of pre-employment tests as long as the test is job-related. This can include tests to determine a person's math and reading skills, ability to reason, knowledge of a particular job or type of work, and personality tests. Pre-employment testing can also involve medical and drug tests, criminal background checks and credit checks.

Any pre-employment test that discriminates against a person on the basis of race, color, sex, national origin, religion, mental or physical disability or age is considered unlawful. It is also illegal for most private businesses to use an Employee Polygraph Protection Act (EPPA), which is a lie detector test. If you have questions about the pre-employment tests that you were administered, contact a lawyer. An employment law attorney will be familiar with both the laws and legal cases pertaining to testing, and can determine if you were illegally tested.

Personality Employment Tests

Although many employers use some form of testing when evaluating job candidates, the validity of these tests is highly debated. Testing has also become a legal issue due to the use of tests that are not relevant to the work that will be performed or are discriminatory in nature. A job applicant cannot be given a pre-employment or personality test that violates his or her rights under:

  • Title VII of the Civil Rights Act
  • Americans with Disabilities Act
  • Age Discrimination in Employment Act

Attorneys at Moody & Warner have kept current on court cases and rulings regarding pre-employment testing and can evaluate the legality of any tests that you were given by a prospective employer. If you were illegally tested, you may be able to file a claim against the company for unlawful employment practices.