Originally Posted by
Excargodog
Ah, but read the fine print. The law does not REQUIRE you to actually HAVE a disability to come under the law's protection, they require only that the employer PERCEIVE what you have as a disability.
And if they are allowing the testing to influence their hiring decisions, it is fairly apparent that they believe that certain test results constitute a disability.
I'm sure they would argue you have no disability at all, and would be more than capable of performing the job. But they have (at least) 100 other equally qualified applicants for the same job, and are simply trying to fine tune the "fit" of their employees (for everyone's benefit).
I think it would take a very large paradigm shift to ban personality analysis in hiring because that actually also occurs in regular interviews.
About the only avenue I could imagine would be to attack the validity or fairness of the testing. That would be an uphill battle because the employers do actually have some empirical data to show...
The way those tests work, is before an organization uses them, they give the tests to their current employees. Then they identify what THEY consider to be desirable employees, and then attempt to find a consistent personality pattern across that group. Maybe they also look for patterns in problem children, to help weed them out.
Also the test companies have develop "broad" pattern matches (across many organizations) for certain types of employees, ie safety sensitive, customer service, manager, etc.