Employment Testing

In order to determine an applicant's suitability for a job, employers frequently require some form of physical or psychological testing. To the extent that the purpose of the test is to measure the ability to perform job requirements, in certain circumstances such testing is permissible. However, these tests are often unrelated to job skills and may well violate existing human rights legislation. Under the Ontario Human Rights Code, an employer may only request a medical examination after a conditional offer of employment is made to the person, preferably in writing. Even then, the medical examination is only for the purpose of verifying or deciding an individual's ability to do the job. This restriction on pre-employment medical examinations would also apply to pre-employment requests for testing for alcohol or drug use.

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