To what extent do personality tests used in job screenings create a risk of employment discrimination under Washington State law? Here’s my point of view.
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When Personality Tests Become Discrimination: A Growing Risk in Washington Hiring
Washington employers increasingly rely on personality tests, behavioral assessments, and algorithm‑driven screening tools to sort job applicants. These tools promise efficiency and objectivity — but they also create real risks under the Washington Law Against Discrimination (WLAD), especially in Pierce and King Counties where tech‑driven hiring is common.
Why These Tests Raise Red Flags
Many personality assessments measure traits that correlate with protected conditions. For example:
• “Stress tolerance” scores may penalize applicants with anxiety disorders.
• “Adaptability” metrics can disadvantage neurodivergent candidates.
• “Energy level” ratings may screen out individuals with chronic health conditions.
Under WLAD, discrimination doesn’t require intent. If a hiring tool disproportionately excludes people with disabilities—or any protected class—the employer may be liable even if the tool was purchased from a third‑party vendor.
Washington’s Broader Legal Standard
Unlike federal law, WLAD is interpreted liberally* in favor of employees. Employers should be wary of outsourcing discrimination to software, consultants, or automated systems. If the tool creates a disparate impact, the employer should own the consequences.
This means a well‑meaning HR department in Tacoma or Seattle might inadvertently violate WLAD simply by relying on a vendor’s “validated” assessment that screens out protected groups.
What Employers Should Be Doing (opinion)
To stay compliant, I believe Washington employers should:
• Audit any personality or behavioral test for disparate impact.
• Request validation studies specific to the job and region — not generic national data.
• Offer accommodations or alternative assessments when disability may affect results.
• Avoid blanket reliance on automated scoring or algorithmic rankings.
These steps are beyond best practices and are increasingly necessary as regulators and courts scrutinize algorithmic hiring.
What Employees Should Know
If you were rejected after taking a personality test or online assessment, and you believe the results were influenced by a disability or other protected characteristic, you may have rights under WLAD. Washington law allows applicants to challenge discriminatory screening tools even before they are hired.
Conclusion
As hiring becomes more automated, Washington’s anti‑discrimination laws remain firmly human‑centered. Employers in WA State should treat personality tests and algorithmic tools with caution — and applicants should know that a computer‑generated rejection isn’t always the final word.
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–gw