It’s important for recruiters to stay updated on how the Equal Employment Opportunity Commission views the fairness of candidates’ pre-employment tests. The EEOC says tests may be illegal if they are:

• Administered by a healthcare professional.
• Interpreted by a healthcare professional.
• Designed to reveal a physical or mental impairment.
• Detailed enough to be considered “invasive.”
• Designed to measure an applicant’s “psychological response to performing a task” (rather than “an ability to perform the task”).
• Normally given in a medical setting.
• Administered using medical equipment.