By Jerry Hanke, OTR CEAS
National Training Director, WorkSTEPS
Employee testing, especially physical ability assessments, is a crucial part of the hiring process, but it must be done in compliance with legal guidelines to avoid discrimination and ensure fairness. Both the Equal Employment Opportunity Commission (EEOC) and the Americans with Disabilities Act (ADA) provide essential guidelines to ensure fair and non-discriminatory practices in the hiring process. The EEOC offers comprehensive information on how employers, applicants, and employees can navigate these legal guidelines. You can read the EEOC guidelines in detail here.
In short, an employer’s ability to make inquiries or require medical examinations (such as Physical Agility Tests, Fit For Duty exams, and Functional Capacity Evaluations) is divided into three stages. In this article, we’ll break down these key stages of employment testing and share the Dos and Don’ts for each. Note: For employers in California, the rules set by the Fair Employment and Housing Act (FEHA) take precedence over ADA and EEOC guidelines and are not covered in this article.
Job Task Analysis: The Blueprint for Fair and Accurate Employee Testing
The EEOC Uniform Guidelines on Employee Selection Procedures (Sections 14c and 15c) require that employment tests be linked to critical job duties. To comply, employers must conduct a job analysis to accurately document the essential physical demands of a position. This analysis serves as the foundation for any employment testing, whether pre-employment or post-employment.
It’s important for employers to conduct a formal job analysis and validation process, ensuring that any tests developed are based on the data collected and validated through studies with subject matter experts.
A comprehensive job analysis looks at both physical demands and knowledge, skills, and abilities (KSAs), while a targeted analysis focuses specifically on physical demands to create a valid physical abilities test. During the analysis, evaluators work onsite with subject matter experts (SMEs) to gather objective measurements, document job tasks, and record physical requirements such as weights, distances, forces, and equipment restrictions.
Once the analysis is complete, employers must validate the job classifications according to EEOC and ADA guidelines. This involves confirming that test simulations accurately reflect the job’s essential duties through surveys or interviews with SMEs. Proper documentation of this validation process, including SME feedback and demographics, helps protect employers from potential legal challenges.
The Three Stages of Employer Inquiries and Medical Examinations
Stage 1: Pre-Offer Employment Testing
DO: Employers can administer this testing after receiving an application but before extending a formal job offer. It helps determine which physical demand category (PDC) the applicant is qualified to meet. Pre-offer employment testing is useful whether a specific position and its essential demands are already identified or if the employer is assessing the applicant’s abilities to potentially place them in a suitable role. Note that under the ADA, disability-related inquiries or medical exams cannot be conducted at this stage, even if they relate to the job requirements.
DON’T: Employers cannot ask candidates to disclose medical information or preexisting conditions at this stage. No medical data may be gathered.
Stage 2: Post-Offer Employment Testing
DO: After a conditional offer is made, employers can require testing before the candidate begins work ensuring they can safely perform the essential physical demands of the job. This is when medical information, including past medical history and current conditions, can be gathered.
DON’T: Employers must apply this test consistently to all applicants for the same role. An employer cannot rescind a job offer based solely on medical conditions. If an offer is withdrawn based on medical information revealing a disability, the employer must show that the decision was “job-related and consistent with business necessity.”
Additionally, the employer may need to prove that no reasonable accommodation could enable the candidate to perform the essential job functions safely, or that providing accommodation would impose an undue hardship on the business.
Stage 3: Post-Employment Functional Testing/Fit For Duty Testing
DO: The EEOC outlines scenarios in which an employer may require post-employment testing, such as when an employee returns to work after leave, requests reasonable accommodations, or there’s concern about their ability to perform essential job functions.
Medical evaluations may be required when there is a reasonable belief that an employee poses a safety risk. Common tests include Fit For Duty or Functional Capacity Evaluations (FCE). These tests are often triggered by job-related events and can be required for employees in safety-sensitive roles.
DON’T: Employers should avoid requiring employees, who are not in public safety roles, to undergo annual post-employment testing unless it is part of a voluntary wellness program. If an employee is found to be incapable, they should be given opportunities to improve their functional ability.
Requiring annual testing for all employees raises concerns about potential misuse and could be seen as a method of eliminating employees. If employees have been performing their jobs for extended periods without issue, it may be considered that the employer has informally accommodated them.
Conclusion
It’s crucial for employers to understand the various testing scenarios and the associated legal guidelines. By aligning employees’ capabilities with the specific demands of their roles, employers not only enhance workplace safety but also reduce injuries and claims, while increasing productivity and overall performance. Taking the time to implement the right testing procedures can help create a stronger, more capable workforce while reducing the risk of injuries.
If you’re interested in learning more about WorkSTEPS’ employee testing, please contact us for more information.
Jerry Hanke joined WorkSTEPS in October 2013 as the corporate National Training Director. He has 30 years of experience in the fitness and healthcare industry and has been specializing in industrial rehabilitation for the past 23 years. Jerry graduated from Angelo State University with a bachelor’s degree in kinesiology in 1995 and earned a degree in occupational therapy from the University of Texas Health Science Center San Antonio in 2000. He brings extensive expertise in industrial rehabilitation and ergonomics, specializing in functional capacity evaluations, job assessments, employment testing, and ergonomic consulting. As a Certified Ergonomics Assessment Specialist, his knowledge and experience make him a valuable asset in promoting workplace safety and efficiency.
