EEOC Weighs In On “Integrity Tests” For Job Applicants

Tests designed to show whether a potential employee is trustworthy and honest can backfire if they inadvertently require an applicant to reveal his or her protected class, or an actual or perceived medical impairment. The Equal Employment Opportunity Commission reviewed one such testand found that, while many of its  questions regarding current illegal drug use or hypothetical behavior in the workplace were not in violation of Title VII of the Civil Rights Act of 1964, it could be if the test’s results were altered or adjusted to screen out certain applicants in protected categories. The EEOC’s informal discussion letter on the example test provides insight into how they may interpret the legality of “integrity” questioning for potential employees.