Many employers use integrity and personality tests but some of these have been challenged in courts. One example is where the 7th U.S. Circuit Court of Appeals concluded that Rent-a-Center’s use of the MMPI personality test probably prevented mentally challenged individuals from getting promotions in the company. Shortly after this ruling, Jeannine Cruz sued the Louisiana State Police claiming that she was discriminated against based on sex because her scores on several employment tests (including the MMPI) were not high enough to warrant promotion to a trooper position. In fact, her performance on the tests indicated that she was a candidate for “sexual misconduct” and “chemical dependency/” She claimed in her suit that the tests utilized are not fair to women because men tend to score more positively than do women. Some experts think that similar lawsuits can be expected based on the Rent-a-Center case if companies do not relate the test content to specific job content.
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