From CareerJournal.com’s mailbag article (emphasis mine):
Question: My son, a high-school student who has dyslexia and ADD, handles himself well in job interviews and on jobs bagging groceries or helping customers. But when he applies for part-time jobs at big store chains, he invariably flunks their online pre-employment tests. The tests take an hour or more and ask so many simple, repetitive questions that my son gets bored and just starts checking off answers randomly. Are these tests a legal way of discriminating?
— F.J., Irvine, Calif.
Answer: Such tests can be discriminatory, but proving it can be difficult. The Americans With Disabilities Act prohibits employers from using screening tests that eliminate candidates because of a disability — unless the employer can prove that the test measures qualities that are essential to performing the job, says David Fram, a director of the National Employment Law Institute, a Denver nonprofit training and education concern. If challenged, the employer would have to show that the test is necessary for screening, Mr. Fram says. In a hypothetical example, the employer might want workers who can stay focused and concentrate well despite lots of repetition.
On the other hand, if the test is merely gauging applicants’ general aptitude and is screening out your son for questionable reasons, he might be eligible for accommodations. Several conditions would have to be met. He would have to put the employer on notice that he has a disability. He would have to demonstrate that his disability qualifies him for protection under the ADA; the law sets a relatively tough standard for this. Then, your son would have to apply for an accommodation, such as permission to take the exam orally.
This topic is a tough one to deal with in that it may be that the questioner’s son simply isn’t a good fit for the position. That statement sounds harsh, but it is a truth that must be addressed (and I think the author does a good job of it).
One item that is often overlooked is that the employer is looking for the right fit for the position. As an employee, you should be pleased that the company wants to match your abilities to the position’s requirements. This approach provides a better fit for both employer and employee.