While I Was Away, Part III: Seventh Circuit Holds MMPI is a Medical Examination

On June 14, the Seventh Circuit issued its opinion in Karraker v. Rent-a-Center, Inc. The court held that the Minnesota Multiphasic Personality Inventory is a "medical examination" under the ADA and thus cannot be administered to an applicant for a new position (or promotion) before the employer offers the position to the applicant: "Because it is designed, at least in part, to reveal mental illness and has the effect of hurting the employment prospects of one with a mental disability, we think the MMPI is best categorized as a medical examination. And even though the MMPI was only a part (albeit a significant part) of a battery of tests administered to employees looking to advance, its use, we conclude, violated the ADA."