The resulting legal ramifications have created an environment of sensitivity to all types of potential discrimination through pre-employment testing procedures. The ADA Act of 2008 became effective on January 1, 2009. A significant change in the way "disability" is defined is incorporated in the language, so the EEOC is preparing to evaluate the impact of how the language affects the ADA and how it is enforced. Pre-job testing, even though it is done for the right reasons, may now be affected.

The National Institute on Disability and Rehabilitation Research (NIDRR) has established 10 regional centers providing information, technical assistance and training to people with disabilities, employers, and others having responsibilities under the ADA (Nester, Mary Ann, 2008). Even though historically, job applications and interviews could request information concerning an applicant's mental and physical condition, because it was used to discriminate against and even exclude applicants with disabilities, it has created legal repercussions against employers. Today this kind of information may not be legally requested and a medical exam or drug test may not be administered until after a conditional job offer is made to the applicant.

Pre-job and post-job placement testing of applicants' physical abilities and skills, however, may show that work-related...

Program on Employment and Disability, School of Industrial and Labor Relations-Extension Division, Cornell University, funded by a grant from the National Institute on Disability and Rehabilitation Research (2008). Reviewed June 29, 2009 at http://www.theaaceonline.com/employ.pdf.
Kaplan, Daniel A., J.D., Foley & Lardner LLP, Employment Testing in the Workplace, March 20, 2008. Reviewed June 29, 2009 at http://www.foley.com/files/tbl_s31Publications/FileUpload137/4910/MRA_Kaplan.pdf.

"In a recent case, EEOC v. DaimlerChrysler Corp., an applicant test failed to accommodate those with learning disabilities who needed reading accommodations during the pre-employment test given for nonexempt manufacturing jobs. The case resulted in the ruling that applicants should have the opportunity to take the hiring test with the assistance of a reader if they have proof of an ADA disability. This illustrates that employment testing in the pre-employment context must be continually evaluated to determine if the tests create potential disparate effects and to ensure that the tests are legitimately related to the requirements of the positions for which they are developed/provided" (Kaplan., 2008, p. 1).