The EEOC, ADA, and Physical Capability Employment Screening

Employers have the right to legally refuse employment to an applicant who fails a strength and agility test specifically designed for matching workers to their physical job demands.

The Code of Federal Regulations¹ addresses strength and agility testing and the rights of employers to use such testing for pre-employment evaluation. It is absolutely acceptable to require a candidate to demonstrate that s/he may be able to perform the required (essential) functions of the job (29 CFR § 1630.14(a)). The EEOC has published guidelines which create a foundation of what must take place during a physical agility test in order to be acceptable to the EEOC, and CRT's technology and equipment are compliant. CRT's pre-employment, pre-offer, testing is not considered a medical examination and is administered before any contingent offer of employment is conveyed to an applicant.

If the applicant is not physically capable of performing the "essential" job requirements, the employer may refuse employment. The employer does not need to find another position for the applicant. If the prospective employee cannot perform the essential job tasks² without causing a direct threat to him or herself or to others, s/he is not "qualified disabled" as defined by ADA.

If a prospective employee simply fails a pre-employment strength and agility test, the employer owes no duty of any kind. This interpretation of the ADA was upheld by the Supreme Court in Chevron U.S.A., Inc. v. Echazabal (226 F .3d 1063 (2002)). Additional appellate rulings in EEOC v. Woodbridge Corp. (No. 01-1045, 8th Cir. (2001)), affirmed that the employer did not violate the ADA by denying employment based on results of pre-employment nerve conduction test for applicants' susceptibility to carpal tunnel syndrome as did EEOC v. Rockwell International et al, (No. 00-1897, No. 00-2034, 7th Cir.).

It is important to consider that entities are less likely to be challenged with a claim of discrimination if there are clear grounds for denying employment. By having the specific job requirements outlined (using credible job task analyses of each job classification), and a CRT test result showing the prospective employee incapable of performance, there is a clear paper trail to support the decision not to hire. Without having performed physical agility testing, there is no concrete evidence that the decision not to hire is based on a lack of ability versus age, sex, or a perceived disability. It is much safer to have an objective, valid, and consistent strength and agility test to establish conclusively that the candidate is not capable of performing the essential, physical job demands.

Please review CRTs various legal interpretations for further insight. CRT's opinions are not to be construed as legal advice. Employers are encouraged to consult their respective legal counsel for guidance.

¹ CFR, specific to Title I of the Americans With Disabilities Act (29 CFR § 1630).
² It is assumed that the employer cannot make any reasonable accommodations, without undue hardship, relative to the essential physical demands of the job. Applicants presenting themselves with qualified disabilities under the ADA must be given individual consideration for accommodation whether there was an employment-screening program or not.

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