Job tests must comply with the ADA and FEHA and are closely scrutinized by both the EEOC and the CRD to determine if they’re job related. The EEOC and CRD will also examine any promotion-related test given to an employee with a disability if the employer doesn’t give the same test to a person without a disability.

You can give job-related tests that accurately measure the applicant’s job skills or aptitude rather than reflecting the individual’s disability. You must provide reasonable accommodation for a disabled applicants when they take the test.

Employers may not use employment tests that screen out or tend to screen out individuals with disabilities unless the test is job-related and consistent with business necessity. For example, an employer may only test an applicant’s physical agility or strength if the position requires a worker to use those capabilities.1 Employers may not use qualification standards based on an applicant’s uncorrected vision or hearing unless those criteria are shown to be job-related and are consistent with business necessity.

Job testing sites must be accessible to all applicants and must accommodate all disabled applicants.2 Examples may include:

  • Giving a visually impaired applicant’s test in Braille, asking a person to read for the applicant or giving the applicant an oral examination.
  • Giving quadriplegic individuals an oral examination or having someone write the answers for them.
  • Providing an interpreter to applicants with a hearing impairment.
  • Offering additional time to applicants whose disabilities interfere with their abilities to read, process information or communicate.
  • Modifying tests or offering individualized assessments. Employers may wish to consult an expert prior to modifying a test.
  • Allowing the use of readers, interpreters or similar supportive persons.

Employers can’t request scheduling information to ascertain an applicant’s disability or medical condition. For more information, see Application for Employment.


1. 2 CCR sec. 11072

2. 2 CCR sec. 11072(b)(5)