Pre-Employment Physicals/Medical Exams Under the Americans with Disabilities Act, you can be asked to take a physical AFTER you are offered a job and if it is directly related to doing the job (like firefighters or a delivery driver who lifts boxes). You can be rejected if the exam shows that you have a disability or condition which would seriously affect your ability to do the job. 

You can be asked to show how you would do the job before you are offered a job if:

  • Every worker is asked to show that they can do the job, OR
  • The employer knows that you have a disability (they can see it or you tell them). You can ask for reasonable accommodation for the job demonstration.

The questions or tests on a pre-employment test have to help to determine your ability to the job you are applying for. For example, they can make everyone take a physical agility test if the job requires it - but not if your job doesn't require what they're testing.

They cannot ask about physical or mental problems or test you for HIV during a pre-employment exam.  

Lie Detector Tests Only the following jobs can use lie detector tests: Federal contractors who do intelligence and security work, manufacturers and distributors of controlled substances, and some security services (like security guards, armored car personnel, and workers who design, install, and maintain security alarms). If you are not in one of these jobs, you can not be asked to take a lie detector test at any time except if you are a suspect in an ongoing investigation. For more go to the link in the Resource Box on this page.

Personality or Honesty Tests Some of these tests seem pretty silly but more than the answer to any specific question, they are looking for consistency among the answers. Companies are allowed to use these tests with job applicants, unless they ask very personal and intrusive questions. Personal questions that make you very uncomfortable (like about your sex life or bathroom habits) have ended up with workers winning lawsuits. The same tests should be given to all applicants. There are more restrictions on psychological tests because of the Americans with Disabilities Act (ADA). If you are going to have to take one, it may help to practice ahead of time.

Drug Tests Job applicants can be required to take a drug test, even for work which obviously is not hazardous, dangerous, or difficult. Usually, private companies can require workers to take a drug test after the are offered a job. In general, applicants for jobs have even fewer rights than employees to be protected from unfair drug tests. Some states have laws which give applicants some protections, either for how tests are given or for re-testing if the test is positive.

There are special rules requiring drug testing and setting the limits and protections for certain jobs, like truckers and school bus drivers.While private employers generally are permitted to conduct pre-employment, post-offer drug screening, several states restrict such tests. 

Fingerprinting  You cannot be fingerprinted as part of a screening for a job except in jobs with a special law, like in hospitals, public schools (including bus drivers), with firearms or pharmaceuticals, or some public jobs.