Use of Personality Test for Promotion Violates ADA

Some Hawaii employers use personality tests to help make hiring and employment decisions. Relying on these kinds of tests may violate state or federal laws against discrimination based upon mental disability. The recent opinion of the Seventh Circuit Court of Appeals in Karraker v. Rent A Center held that an employer who used the Minnesota Multiphasic Personality Inventory (MMPI) to deny an employee promotion to a manager position violated the Americans with Disabilities Act (ADA).

The MMPI in the Karraker case asked the employee whether certain statements were true or false, such as: "I see things or animals or people around me that others do not see," and "I commonly hear voices without knowing where they are coming from."" The employer relied on the employee's responses to the MMPI and other tests to deny him the promotion. The court held that this violated the ADA.

The court explained that the ADA prohibits employers from using (1) pre-employment medical tests, (2) medical tests that lack job relatedness and business necessity, or (3) tests that tend to screen out people with disabilities. It does not matter whether the test in administered by a human resource officer or a psychologist. The MMPI is a medical test governed by the ADA, because it was designed to identify a mental disorder or impairment. It does not only measure personality traits such as honesty, preferences and habits.

Since the MMPI was used to deny a promotion, it was subject to legal restrictions on administering tests before employment is offered. There would have been an issue as to whether the MMPI would have satisfied the exception, in any case. Answers to MMPI questions like those quoted above were not clearly validated for screening out candidates for the managerial job.

The Karraker case is not binding precedent in Hawaii. However, the ADA and corresponding state law apply, and state or federal courts and agencies may find the reasoning of the case persuasive.

Even if the ADA does not prohibit a particular personality test, the law against discrimination on another protected basis may apply, if the test asks questions related to religion, sex or age. Hawaii employers should therefore carefully evaluate whether or not they should use the MMPI or similar personality tests for any employment purpose.

Jeffrey Harris is a partner in the law firm of Torkildson Katz Fonseca Moore & Hetherington. He specializes in labor and employment law. He can be reached at 523-5393.

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