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North Dakota Human Resource Management Services

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600 E Boulevard Ave
Dept 113
Bismarck, ND 58505-0120

Phone · 701.328.3290
Fax · 701.328.1475
Email · hrms@nd.gov

Employment Verification · 701.328.2677

Employment Tests

Pre-Employment Tests

Pre-employment tests are one of a number of selection tools that can provide insight into applicants’ abilities to do well in a job and help ensure that the right persons are matched to the right positions. As a result of court cases challenging the validity of pre-employment tests against job performance, many organizations have chosen to drop pre-employment testing programs. In order for a pre-employment test to be valid, a correlation must exist between the factors being measured in the pre-employment tests and the factors of actual job requirements.

Some examples of tests used today to help determine applicants’ job suitability for a given position include:

Examples of tests include software or data entry tests administered by Job Service North Dakota, a presentation by the applicant during the interview, and a portfolio of work samples provided by the applicant.

As you can see by the above list, there are numerous tests used to help determine an applicant's suitability for a position. The key is to ensure that tests are valid indicators of successful job performance. If the use of tests creates an adverse impact on employment opportunities of individuals, it can be construed as discrimination.

One of the problems in the use of tests is the tendency to rely too much on tests for screening or hiring. Tests indicate which individuals are most likely to do well, not which will do well. Therefore, tests should not be the sole determinant in employee selection.

Tests may screen out potentially good applicants who may lack specific skills or knowledge being tested, but that may be acquired through minimal on-the-job training. Furthermore, some individuals simply do not do well on tests, but may be very qualified and do well on the job.

Another problem in the use of tests is the possibility that they may be discriminatory to certain individuals. Under the Americans with Disabilities Act, it is discriminatory to use employment tests or other selection criteria that screens out or tends to screen out an individual with a disability, unless they are job-related and necessary for the operation of the business. Tests must accurately reflect the skills, aptitude, or other factors being measured, and not the impaired sensory, manual, or speaking skills of an applicant with a disability.

If requested, you are required to provide a reasonable accommodation for pre-employment testing. It is discriminatory to use pre-employment tests or other selection criteria that screen out or tend to screen out an individual with a disability. The exception is if the tests are truly measuring factors of the job and are necessary for the operation of the business.

The process of validating a test is very technical and complex, and is performed by specially-trained professionals. Before using a pre-employment test in the selection process, contact your agency human resource representative or legal counsel to ensure proper use of testing.

- Post Job Offer Tests

The following tests may be administered under certain circumstances after a conditional offer of employment:

- Medical Exams

Interviewers may not ask disability- or medically-related questions at the pre-offer stage of the selection process. There are, however, ways to evaluate whether applicants are qualified for the job:

Once a conditional job offer is made, you may ask disability-related questions and require medical examinations, as long as this is done for all employees in that job category.

Information obtained regarding the medical condition or history of an applicant should be collected and maintained on separate forms and kept in separate files, because medical information is confidential and not subject to the North Dakota Open Records Law, NDCC 44-04-18.

Tests to determine whether and/or how much alcohol an individual has consumed are considered medical exams.

In summary, medical exams may be required if they are:

- Drug Testing

Drug testing may be available for certain positions. Prior to the use of drug testing, contact your agency head or legal counsel.

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