It is no secret applicants tend to exaggerate (even outright lie) on resumes and application. As a result, personality testing has become a big part of today’s second-step employment screening process. Companies find a qualified applicant who does well on an interview, but then the applicant fails the personality test. Companies consider the personality test as a useful tool to weed out liars and those who might not fit within the company culture. But did you know how you conduct this type of testing can be illegal? It’s true.

You can be sued if you violate any of the anti-discrimination laws, the U.S. Americans with Disabilities Act, and the legal compliance of personality tests laws when hosting a personality test! Here’s is a legal document explaining more on personality tests and the law.

You need to hire a professional company to perform personality tests. You don’t want to inadvertently ask what could be a discriminatory question. Furthermore, you don’t want to not hire someone as a result of their answer! These types of tests are purely to weed out cheaters and those that may not be a great match for your relaxed or intense work culture. As a CEO of an employment company, I highly advise you to check with your legal officer to find someone to implement and conduct this type of testing.

I have to say that it is getting harder and harder for candidates to lie on applications with today’s social media culture. This is a good thing! Maybe I’m old-fashioned, but I say error on the side of common sense and the natural instinct you get from an applicant. Personality tests are good, but they can offer you a lot of legal trouble.

Britanie Olvera, CEO of Building Team Solutions