Who Are You?: The Legal Implications of Employee Personality Testing

Many employers require employees and applicants to take personality testing (think Meyers-Briggs). Others are seriously considering adding this as a component of their hiring and employee engagement efforts. Companies want to get a sense of an individual’s opinions, attitudes, feelings, motivations, preferences, interests, emotional makeup, and style of interacting with others. This information, some believe,…

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Second Circuit Holds That Discrimination Based On Sexual Orientation Is Illegal Under Title VII

In a landmark decision, the Second Circuit (which covers New York, Connecticut, and Vermont), ruled that discrimination based on an employees’ sexual orientation is actionable under Title VII. The Second Circuit in Zarda v. Altitude Express, Inc. is only the second appellate court in the United States to expressly find that employers who discriminate on…

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