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The Americans With Disabilities Act (ADA) has changed the employment landscape significantly over the seven years since its passage.
Pre-employment testing is one part of the landscape that has also been affected by this legislation.
Under the ADA, employers who require pre-employment testing must use tests that are job-related and measure the skills/abilities required for the job.
Employers also must provide testing in an accessible location; and provide an accommodation that makes the testing format accessible or to provide an alternate format if an accommodation is not available.
The employer should inform applicants prior to administration of the test that accommodations will be made available upon request.
For example, an employer may have to substitute a written test for an oral test for persons with impaired speaking or hearing skills; administer tests in large print or Braille, or by reader, or on a computer for individuals with visual or other reading disabilities; allow individuals to record test answers by tape recorder, provide extra time, simplify language on the test.
If the test cannot be given in an alternate format, the employer may have to evaluate the skill or ability through another means, such as an interview, evaluating the applicant's education and work experience.
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