Network Insurance Services, LLC: Knowledge Center

Myth #1:

Employment laws prohibit me from refusing to hire someone, even though that person is more likely to be injured, or re-injured, on the job.

False: Federal case law completely supports implementation of pre-employment strength testing designed to properly match physical strength and capabilities with the demands of the job.

Myth #2:

Applicants who fail the strength testing will probably file suit against me for discriminatory hiring practices.

False: Isokinetic testing is a testing method based on objective evaluation. In fact, this testing is less likely to generate legal challenge because it is a purely objective test, and therefore exempt from the requirements of the Americans with Disabilities Act (ADA).

Myth #3:

According to the law, I have to make a conditional offer of employment before I can ask the applicant to complete this testing.

False: Pre-employment strength testing, like drug testing, can and must be done on a pre-employment basis in order to maintain your company's protection afforded by pre-employment testing.

Myth #4:

The test can cause injury to an applicant, resulting in a liability claim if the applicant is not hired.

False: While applicants have tried to claim that the test itself (and not a preexisting condition) caused injury, no claim of injury has ever been successfully made from the testing. The nature of the equipment testing makes it impossible for an injury to occur during the test.