Physical Ability/Agility Tests

Physical ability and agility tests assess an applicant's endurance, strength, or overall physical fitness needed to perform actual or simulated job-related tasks.

Physical ability and agility tests are not considered medical tests and are not prohibited before a job offer is made. The tests do not seek information concerning the existence, nature, or severity of an individual's physical or mental impairment, or information regarding an individual's physical or psychological health. They simply measure an applicant's ability to perform a task.

If you employ 15 or more employees. Any test that measures an applicant's physiological or biological responses to performance would constitute a medical examination according to the Equal Employment Opportunity Commission's (EEOC) interpretation of the Americans with Disabilities Act (ADA), and cannot be given until after a conditional job offer is made. Therefore, employers with 15 or more employees must be mindful of what constitutes a test of health and what constitutes a test of ability to perform a task. The distinction is not always easy to determine.

A messenger service that tests applicants' ability to run one mile in 20 minutes could perform the examination, if desired, before a conditional offer was made to an applicant. However, if a messenger service tests applicants' ability to run one mile in 20 minutes and then takes the applicants' blood pressure and heart rate, the test is a medical procedure and shouldn't be done before a conditional job offer was made.

Physical ability tests must be given to all applicants regardless of disability. If the tests screen out or tend to screen out persons with disabilities, and you are subject to the laws prohibiting discrimination against disabled individuals, you would have to demonstrate that:

• The test is job-related.
• It is consistent with business necessity.
• Performance cannot be achieved with reasonable accommodation.