Assessment trepidation for FFM personality tests: Much “ADA” about nothing?

Recall that some 10 years earlier in Thompson v. Borg-Warner (1996), the defendant successfully justified its use of personality testing as it related to applicant character and personality traits and their relation to job duties. [...]case law suggests that personality tests are acceptable under the ADA when they are clearly linked to KSAOs—in other words, we argue that the requirements for establishing the validity of selection tests have not changed. [...]Karraker (2005) is a 7th Circuit (mid-level federal appellate court) case. The Soroka (1991) case was brought as a constitutional privacy law claim under the state court system—a court system entirely distinct from the federal court system that analyzes ADA claims (see Figure 1). [...]far, the cases involving personality test challenges under the ADA are too few and too limited in their binding applicability to draw firm conclusions on what the law states in this area. There is also some evidence that the Supreme Court defers to the EEOC less frequently than other federal agencies (only 54% of the time, compared to 72% of the time for other federal agencies; Wern, 1999). [...]although the EEOC guidance cited in the focal article should not be ignored, it should not be taken as a source of binding legal precedent either.