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It explains employer rights to refuse applicants unable to perform essential job functions, discusses limits regarding facially neutral tests with disparate impact on women, and outlines considerations for reasonable accommodations for qualified disabled candidates. It also analyzes workers’ compensation exposure when injuries occur during preemployment physical agility testing.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/pre-employment-strength-and-agility-testing-a-legal-monograph-for-employers/298114/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/pre-employment-strength-and-agility-testing-a-legal-monograph-for-employers/298114.png","ImageObject",300,407,{"name":92,"@type":93},"Fez","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-19","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",16,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"Is pre-employment strength and agility testing permitted under the ADA?","Question",{"text":113,"@type":114},"Yes. The monograph states such testing is permitted, and employers may require applicants to demonstrate abilities for a particular position without discriminating.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"Can employers refuse employment if an applicant cannot perform essential job functions without risk of injury?",{"text":118,"@type":114},"Yes. Employers may refuse applicants who cannot perform essential functions, but they must show the tasks are a business necessity and directly related to the job.",{"name":120,"@type":111,"acceptedAnswer":121},"If a pre-employment physical agility test is neutral on its face but harms female candidates, is it lawful?",{"text":122,"@type":114},"The monograph explains employers may deny based on such failures only under appropriate circumstances. If the test is disproportionately disqualifying women, it may be considered discriminatory unless the employer can show the discrimination is tied to important safety measures as a non-controllable side effect.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},298114,1790314363,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":44,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},2336478940794,"https://ap-avatar.wpscdn.com/davatar_9964176cb1d06d4a9deccf72a44ae3dc","Pre-employment Strength and Agility Testing A Legal Monograph for Employers  \nSarah A. Rosenblum, JD  \nLegal Research Counsel  \nCost Reduction Technologies, LLC.  \nThis publication was undertaken in furtherance of Cost Reduction Technologies’mission to provide a cost-effective measure for industry to reduce workplace injuries before they occur. This legal analysis is intended to provide insight into regulations that protect and encourage pre-employment testing.  \nNovember 2002  \n© Cost Reduction Technologies, LLC . 2002  \n\n| CONTENTS\u003Cbr>General Review 4\u003Cbr>Discussion 5\u003Cbr>Part 1 – Strength and Agility Testing Permitted 5\u003Cbr>A. Testing permitted under the Code-Demonstration 5\u003Cbr>of ability to perform job-related functions\u003Cbr>B. Testing not permitted under the code-Medical 5\u003Cbr>examination vs. physical agility testing\u003Cbr>Part 2-Employers Have the Right Not to Hire Based on 4\u003Cbr>Failure of Physical Agility Test\u003Cbr>A. Inability to perform essential job functions 6\u003Cbr>B. Qualified Disabled candidates requiring accommodation 7\u003Cbr>Part 3-Employers May Use a Test that has a “Disparate\u003Cbr>Impact” Towards Women, but Must Show a Business Necessity 7\u003Cbr>Part 4-Worker’s Compensation Claims Resulting From\u003Cbr>Injury During Pre-employment Physical Agility Testing 8\u003Cbr>Conclusion 9\u003Cbr>General Examples 9\u003Cbr>Citations 10 |  |\n| --- | --- |\n| 1 |  |\n\nGeneral Review  \n1. Is pre-employment strength and agility testing permitted under Americans with Disabilities Act (ADA)? Yes.  \nPre-employment strength and agility testing is permitted under the ADA. An employer may make inquiries or ask a prospective employee to demonstrate his or her abilities for a particular position without being discriminatory. 1  \n2. Can employers legally refuse employment to applicants who are not physically capable of performing the essential functions of the job without risk of injury? Yes.  \nEmployers can legally refuse employment to applicants when they are not physically capable of performing the essential functions of the job. The employer must be able to show, however, that the tasks are of business necessity and directly related to the employment at hand. If the prospective employee cannot physically perform crucial job functions, they may refuse employment even if discriminatory.  \n3. Can employers deny employment to applicants who fail functional capacity evaluations when there is an adverse impact on females? Yes, possibly.  \nEmployers, under appropriate circumstances, may deny employment to applicants who fail functional capacity (strength and agility) evaluations when there is an adverse impact on females. The stipulation is that the test cannot be created specifically to weed out females. If the test appears fair on its surface (facially neutral) but in reality, is disproportionately disqualifying females, it can be held discriminatory under the Civil Rights Act, unless the employer can show the discrimination is an uncontrollable side effect of important safety measures. See the detailed argument on “direct threat” in number 2 above.  \n4. Can a prospective employee claim workers’ compensation if injured during a preemployment physical agility test? Yes, possibly  \nThe issue of Workers’ Compensation depends on the state in which the claim occurs. Courts are divided on the issues. On one hand, courts have found that because the person is not an employee when taking the physical tests, they are not covered under Workers' Compensation laws.2 On the other hand, courts have also held that job candidates submit to testing for the benefit of employers and therefore, have a constructive employer/employee relationship. 3  \nPre-employment Strength and Agility Testing Monograph - Sarah Rosenblum November 2002 4  \nDiscussion  \n1. Strength and Agility Testing is Permitted.  \nA. Testing permitted under the Code - Demonstration of ability to perform job-related functions  \nUnder the Code of Federal Regulations, employers are permitted to use strength and agility testing for p","cbCaii5HqOjcymiY","https://ap.wps.com/l/cbCaii5HqOjcymiY","pdf",209452,"English","# General Review\n## Discussion\n## Part 1-Strength and Agility Testing Permitted\n## Part 2-Employers Have the Right Not to Hire Based on Failure of Physical Agility Test\n## Part 3-Employers May Use a Test with “Disparate Impact” Towards Women but Must Show a Business Necessity\n## Part 4-Worker’s Compensation Claims Resulting From Injury During Pre-employment Physical Agility Testing\n## Conclusion\n# General Examples\n# Citations","[{\"question\":\"Is pre-employment strength and agility testing permitted under the ADA?\",\"answer\":\"Yes. The monograph states such testing is permitted, and employers may require applicants to demonstrate abilities for a particular position without discriminating.\"},{\"question\":\"Can employers refuse employment if an applicant cannot perform essential job functions without risk of injury?\",\"answer\":\"Yes. Employers may refuse applicants who cannot perform essential functions, but they must show the tasks are a business necessity and directly related to the job.\"},{\"question\":\"If a pre-employment physical agility test is neutral on its face but harms female candidates, is it lawful?\",\"answer\":\"The monograph explains employers may deny based on such failures only under appropriate circumstances. If the test is disproportionately disqualifying women, it may be considered discriminatory unless the employer can show the discrimination is tied to important safety measures as a non-controllable side effect.\"}]","Pre-employment Strength and Agility Testing - A Legal Monograph for Employers | PDF",1789751088,23]