Recruitment and Selection in the Public and Nonprofi t Sectors 195a test as grounds for failure to promote, discharge, or discipline. The law
does not, however, apply to the federal government, state or local govern-
ments, or any political subdivision of a state or local government. Other
exemptions include individuals or consultants working under contract for
federal intelligence agencies; makers and distributors of controlled sub-
stances; and security companies whose business involves the protection of
currency, fi nancial instruments, or vital facilities or materials.
The right of a public employer to require a public employee to take
a lie detector test may be limited by state statute. Federal law and most
state laws prohibit questions about religion; political, racial, and union
activities; and sexual and marital matters. Subjects must be informed of
their rights, and written consent must be obtained before administering
the test. The test results must remain confidential, and only licensed,
bonded examiners may be used. Polygraph exams are used primarily for
law enforcement and public safety positions.
Honesty and integrity tests are lawful under the Employee Polygraph Pro-
tection Act of 1988 and most state polygraph laws. There are two kinds
of honesty and integrity tests: overt and personality. Overt tests deal with
attitudes toward theft or admission of theft or other illegal activities. Per-
sonality tests do not look at honesty per se but at a variety of counter-
productive work behaviors such as impulsiveness, nonconformance, and
dislike of authority. A review of the literature on selection indicates that
integrity tests produce a 27 percent increase in predictive validity over
general cognitive ability alone (Schmidt & Hunter, 1998).
Physical ability tests are used when a signifi cant level of physical activ-
ity is involved in performing the job. In the public sector, physical ability
tests are used most often in the selection of law enforcement and public
safety offi cers, such as police offi cers, fi refi ghters, corrections offi cers, and
park and conservation safety offi cials. Physical ability testing has replaced
height and weight requirements, which were often used to screen appli-
cants, resulting in adverse impacts on women and Hispanics, and they
were diffi cult to defend as being job related. Agencies have turned instead
to physical ability tests that were developed to replicate the physical tasks
necessary to perform specific jobs (Arvey, Nutting, & Landon, 1992;
Hughes, Ratliff, Purswell, & Hadwiger, 1989).Preemployment Testing Under the ADA
Congress intended the ADA to prevent discrimination against individu-
als with hidden disabilities such as cancer, heart disease, mental illness,
diabetes, epilepsy, and HIV infection or AIDS. Employers are permitted