Valid Preemployment Testing?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Valid Preemployment Testing?

I was offered a job that the job description said required to lift 35 lbs and
occasionally up to 50 lbs. The employee manual also says any lifting over 51 lbs
is done by 2 employees. I then had a preemployment lift test that required me to
lift 100 lbs and failed to lift 100 lbs. This was the sole reason they rescinded
my job offer. Is this legal?

Asked on January 18, 2017 under Employment Labor Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Did your treatment constitute some form of legally actionable discrimination (which you did not indcate to be the case)? Did this action violate the terms of any applicable union agreement or empolyment contract? If not, then this company was within its legal rights to set up it pre-employment testing much as it saw fit. Bottom line, your job recission appears to have been legal. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption