Provides that employers using tests to evaluate job applicants must measure individual abilities and not specific disabilities.
Provides that an employer may use alternate forms of testing for job applicants with known disabilities.
Employers may accommodate applicants by altering the means of taking the test, including, but not limited to, oral examination, tape recorders, large print, sign language interpreters, Braille, or provision of extra time to take tests.
Employers may not use tests that have a disproportionate, adverse effect on adults with disabilities unless the test has been validated as a predictor of success or alternate testing means are not available.
Testing by Government Agency or Private Entity
The Americans with Disabilities Act requires exams administered by any private, state, or local government entity related to applications, licensing, certifications, credentialing for secondary or postsecondary education, or trade purposes.
Primary consideration should be given to the preferred accommodationof the individual with a disability taking an examination administred by state or local agencies and their contractors. The accommodation must still be reasonably feasible. If another accommodation is more feasible, it must give equivalent access to the person with a disability.
Documentation on the disability may be requested by the entity that is giving the examination. A record indicating a history of using the accommodation with past exams is acceptable as documentation, but cannot be required.
Texas law adds a specific requirement that state agencies conducting licensing examinations must include reasonable accommodations to examinees withdyslexia.
