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Old 08-13-2018, 10:51 AM   #22  
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
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Originally Posted by Excargodog View Post
You have to understand, the law was rewritten precisely to overcome the issues that allowed UAL to prevail in UAL vs Sutton.
That was a technicality, an unintended consequence of the language used in the ADA.

Banning personality testing (and possibly other HR practices?) would would likely take a deliberate act of legislation, I doubt the courts could spin the ADA that far (although a few might have a go at it).

That would open up the much broader issue of what techniques are fair and equitable in the screening of potential employees? Should interviews be restricted to avoid any nuanced influence due to personality factors? Ie you can't favor a polished, charming applicant over a toad? What then? All technically qualified applicant's names go in a hat and do a random draw for the winner?
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