Can employers use personality tests in hiring?
Yes, within limits that have tightened since 2023. This is a summary of US rules as of 3 November 2026, with sources. It is general information, not legal advice.
The short answer
Employers in the US may use personality and behavioral assessments in hiring. They must avoid tests that work as medical exams before a job offer, watch for unequal outcomes across protected groups, and follow the newer state and city rules on scored and automated tools.
The rules, by jurisdiction
| Jurisdiction | Status | What it requires |
|---|---|---|
| Federal (Title VII, ADA) | In force | Disparate impact claims; the Uniform Guidelines four-fifths rule of thumb; personality tests can be ADA medical exams if they can reveal mental disorders (Karraker v. Rent-A-Center, 7th Cir. 2005) |
| New York City (Local Law 144) | Enforced since July 2023 | For automated employment decision tools: an independent bias audit within a year before use, a public summary and candidate notice (NYC DCWP) |
| California (FEHA regulations) | In force since 1 October 2025 | "Automated decision systems" include statistical scoring; vendors can be liable as agents; records kept four years; tests that draw out disability information can be unlawful medical inquiries (Mayer Brown) |
| Illinois (HB 3773) | In force since 1 January 2026 | Bars AI use with discriminatory effect and zip codes as proxies; requires notice to applicants and employees; notice rules postponed on 2 June 2026 (Seyfarth) |
| Colorado (SB 26-189) | Signed 14 May 2026; effective 1 January 2027 | Replaces the 2024 AI Act, which never took effect; keeps duties for employment decisions, including developer documentation (Ropes & Gray) |
Federal guidance changed in 2025
The EEOC removed its guidance on AI in employment from its website in January 2025. The underlying laws and the Uniform Guidelines still apply (National Law Review, 31 March 2026).
What this means in practice
- Use an assessment as one input, never the only basis for a decision or a reason on its own to screen someone out.
- Use the same instrument the same way for everyone applying for a role.
- Avoid instruments designed to detect psychological disorders before a job offer.
- Tell candidates when an assessment is used, where the law requires it, and offer accommodations.
- Keep records, and check outcomes across groups.
- Take legal advice for each place you hire.
Where the ICA fits
The ICA is a self-report behavioral-preference assessment, and its accuracy is currently being studied. It is not a clinical, medical or diagnostic test, does not measure intelligence or cognitive ability, and does not screen for any condition. Use it as one input alongside other evidence, never as the sole basis for a consequential decision. The ICA is not designed to detect psychological disorders. The appropriate-use guidance sets out the safeguards, and the Practitioner License covers hiring use on those terms.
Questions
Is a personality test a medical exam?
It can be. A federal appeals court held in 2005 that a test able to reveal mental disorders was a medical exam under the ADA. Normal-range preference measures carry less risk, but item content matters.
Does New York City's law cover every personality test?
Not necessarily. It covers tools that substantially assist or replace discretionary decisions using statistical or machine-learning methods. Whether a scored questionnaire qualifies depends on how it is used; take advice.
Sources
Keep reading
Take the next step.
What federal, New York City, California, Illinois and Colorado rules say about personality and scored tests in hiring, as of November 2026, with sources.