Author: Equip for Equality
Last updated: October 2007

Can an employer use a personality test to screen out potential employees?

No. While many employers use personality tests to screen out potential employees, a recent case (Karraker v. Rent-A-Center) decided that this practice is not allowed by the The Americans with Disabilities Act (ADA).

This case was decided in the 7th Circuit Court of Appeals, which covers Illinois, Indiana and Wisconsin. The court stated that the use of the Minnesota Multiphasic Personality Inventory (MMPI) violated the ADA because it is a "medical examination" that has the effect of screening out individuals with mental illness. 

Why is the use of the MMPI against the ADA?

The court in Karraker found that: 

• The MMPI is a medical examination that violates the ADA when given before making a job offer;
• The MMPI is considered a medical examination even if it is not interpreted by a health care professional;
• The MMPI is a medical examination even if the employer attempts to use it as a personality test by using a professional grading system instead of a medical grading system;
• The MMPI has the effect of screening out individuals with mental illness; and
• The use of personality tests in general may not be job-related or consistent with business necessity.

When is the employer allowed to require medical examinations?

Employers may require medical examinations of potential employees after the employer has offered them a job, or of current employees. The purpose of the medical examination must be "job-related or consistent with business necessity." In other words, there must be a reasonable basis for requiring the examination. 

If an employer gives a medical examination to a job applicant, the employer must give medical examinations to everyone applying for that position. As with any employment-related activity, the employer must provide reasonable accommodations for medical examinations.

While the decision of Karraker involved the use of the MMPI personality test at the job application stage, the court’s decision calls into question the use of all personality tests at any stage of the employment process. Employers are recommended to examine their current employment practices to make sure these practices do not violate the ADA by using personality tests that reveal and/or screen out certain disabilities.  

What should employers consider when deciding whether or not to use personality tests?

Employers should ask themselves the following questions:

• Do personality tests help in making a decision about potential employees?
• Do the benefits of personality testing outweigh the risks of possible lawsuits?
• Do personality tests violate the privacy and confidentiality rights of job applicants?
• Do other less risky and more effective methods exist for evaluating potential employees?
• Do personality tests discriminate against individuals with cognitive, developmental, communicative, or other disabilities, in addition to tending to screen out people with mental illness?