AOHC Encore 2023-235 Staying on the “Safe” Side of Physical Abilities Testing

Video Transcription

Video Summary

In the video transcript, Kate Koop-Irwin, a labor employment attorney, discusses the importance of creating physically abilities tests that are legally compliant and job-related. She explains the legal implications of testing and highlights the need to comply with laws protecting individuals with disabilities and other protected characteristics. Koop-Irwin emphasizes the importance of job-relatedness and business necessity in designing valid physical abilities tests and discusses criteria that distinguish a medical exam from a physical agility test.<br /><br />The transcript mentions two case studies to illustrate the importance of properly designing and validating tests. One case involves a city that faced legal issues and settled for $21 million due to a poorly designed pre-employment test. This case highlights the need for experts in test validation to avoid legal problems. The second case involves a police department that implemented a job function test, and the validity of the time frame for a running component was challenged. The case was decided in favor of the city, emphasizing the importance of aligning tests with specific job requirements and ensuring they are valid.<br /><br />The video emphasizes the need for proper test design, validation, and expert consultation to create legally compliant and job-related physical abilities tests. It warns of the legal and financial consequences of poorly designed tests and stresses the importance of accurately assessing job-related skills. No credits are mentioned in the transcript.

Keywords

physically abilities tests

legally compliant

job-related

legal implications

individuals with disabilities

protected characteristics

job-relatedness

business necessity

medical exam

physical agility test

test validation

pre-employment test

test design

expert consultation