Personality Tests in Hiring: What U.S. Employers and Applicants Should Know
Personality tests are not categorically illegal in U.S. hiring, but their design and use can create discrimination and disability-related problems. Separate legal requirements, evidence of job relevance, and an instrument's ethical restrictions before treating a personality result as a selection decision.
Personality tests are not blanket illegal in U.S. hiring. However, employers must consider federal antidiscrimination requirements, disability-related restrictions, and whether the particular selection procedure is appropriate for its intended use. An instrument's own ethical rules also matter: the Myers & Briggs Foundation specifically says it is unethical to use MBTI results to screen applicants for employment or positions.
These are different questions. A practice can conflict with an instrument's ethical guidance without that fact alone establishing a statutory violation. A different personality measure is not automatically acceptable merely because it is not the MBTI. This article provides general U.S. educational information, not legal advice or guidance for another jurisdiction.
Start by identifying what the assessment actually does
The phrase personality test covers very different products. Some describe normal-range traits. Others invite reflection through type categories. Some psychological instruments are designed to reveal mental health conditions. A vendor may also combine personality items, automated scoring, and other selection methods in one product.
Do not assume that a friendly interface or a workplace label settles the legal or scientific question. Ask what the assessment is designed to measure, what information it produces, and exactly how the employer uses that information.
A development exercise after hiring is not the same use as an automatic rejection threshold before an interview. Even when the questionnaire is identical, the consequences and evidentiary needs differ. Voluntary reflection also differs from a supposedly optional exercise whose refusal effectively ends an application.
If you need background on major personality approaches, MBTI vs. Big Five explains why instruments built around types and those built around continuous traits should not be treated as interchangeable.
What EEOC guidance says about employment tests
The U.S. Equal Employment Opportunity Commission explains that tests and selection procedures can help identify qualified candidates, but their use can violate federal antidiscrimination laws. Its guidance addresses intentional discrimination and procedures that disproportionately exclude protected groups under the relevant legal standards. See Employment Tests and Selection Procedures.
Under Title VII, a neutral selection procedure that disproportionately excludes people based on race, color, religion, sex, or national origin can raise disparate-impact concerns. The EEOC explains the importance of job-relatedness and business necessity and discusses consideration of less discriminatory alternatives. The precise legal analysis depends on the applicable law and facts.
The agency also discusses the Age Discrimination in Employment Act and the Americans with Disabilities Act. These statutes do not have identical requirements or defenses. It would therefore be misleading to reduce every testing issue to one universal formula.
The practical lesson is narrower and reliable: applying the same questionnaire to everyone does not, by itself, establish that the process is lawful or fair. Employers need to understand the procedure's operation, relevant outcomes, and applicable obligations.
Disability-related questions require particular care
The EEOC guidance distinguishes psychological tests designed to reveal a mental impairment from tests that measure personality traits such as honesty, preferences, or habits. Under the ADA, a test designed to reveal mental impairment can be a medical examination, with restrictions that differ from those governing an ordinary nonmedical assessment.
Before a conditional job offer, the ADA generally prohibits medical examinations and disability-related inquiries. Rules differ after a conditional offer and during employment. Those stages and their conditions should not be collapsed into a general claim that any employer may ask any psychological question after an interview.
The guidance also discusses reasonable accommodation in testing and administering tests so that results reflect the intended ability or characteristic rather than an impairment, except where the impaired skill is what the test is intended to measure.
For applicants and employers alike, the important point is to identify the assessment and hiring stage before drawing conclusions. An ordinary preference item is not automatically a clinical inquiry, and calling a clinical instrument a personality tool does not remove the concern.
MBTI has an explicit ethical restriction
The Myers & Briggs Foundation's MBTI Code of Ethics states that using MBTI results to screen job applicants for employment or positions is unethical. It also says that practitioners should not direct someone toward or away from a career based solely on type information.
The same code emphasizes voluntary participation, advance explanation of purpose and use, confidentiality, and avoiding labeling or limiting individuals. These principles are not a federal statute. They are official ethical guidance for use of that instrument, and they directly contradict using MBTI type as an applicant filter.
That distinction prevents two common errors. First, MBTI's hiring restriction does not prove that every personality assessment is forbidden. Second, personality testing's general availability does not justify using MBTI in a way its own ethical code rejects.
For evidence questions separate from ethics, see Is MBTI Scientifically Valid?. A tool's popularity or usefulness for discussion does not establish that it should determine who receives a job offer.
A practical evidence table
| Question | Why it matters | A useful request |
|---|---|---|
| What job requirement is being measured? | A vague ideal personality can substitute for actual work demands | Identify the specific task or performance criterion |
| What supports this intended use? | Reliability alone does not establish suitability for selection | Request the technical documentation and relevant validity evidence |
| How does the result affect decisions? | A discussion aid differs from a rejection cutoff | Document scoring, weighting, and review procedures |
| What accessibility process exists? | Testing conditions can create disability-related barriers | Provide a clear accommodation contact and procedure |
| What do selection outcomes show? | Neutral wording does not rule out discriminatory effects | Review relevant outcomes with qualified expertise |
| Does the instrument permit this use? | Product ethics and intended purposes differ | Check official guidance, not only sales materials |
This table is a due-diligence aid, not a legal compliance certification. A completed spreadsheet cannot replace qualified assessment expertise or advice on a specific employment practice.
Illustrative worked example: customer-support hiring
Consider an illustrative employer hiring customer-support specialists. The manager wants an extraverted team and proposes rejecting applicants whose personality results suggest introversion. The reasoning is that support involves speaking with customers all day.
That shortcut leaves crucial questions unanswered. The actual work involves understanding a problem, explaining procedures accurately, documenting cases, staying respectful during conflict, and knowing when to escalate. Enjoying frequent conversation is not identical to performing those tasks well.
The team first describes the role in behavioral terms. Applicants need to explain an unfamiliar process, identify missing information, and produce a useful case note. The employer then considers a structured work sample and consistent interview questions tied to those requirements, with appropriate accessibility planning.
A work sample is not automatically lawful or unbiased simply because it resembles the job. It still requires careful design and review. However, specifying the work makes it easier to examine what the procedure measures than relying on a broad demand for an outgoing personality.
If the employer still considers a personality measure, it asks a qualified professional what evidence supports that particular instrument for that particular selection purpose. It does not use MBTI screening, given the instrument's official ethical restriction, and it does not assume a vendor's general claims resolve its responsibilities.
The redesign does not guarantee perfect hiring. It improves the question: can this applicant perform the relevant work, rather than does this applicant resemble the manager's preferred social style?
What employers should ask vendors
Request a clear description of the construct, the scoring process, and the evidence supporting the proposed hiring use. Ask which populations and job settings were studied and what limitations the documentation identifies. A claim that a tool is scientifically validated is incomplete without knowing what interpretation and use the evidence supports.
Ask about cutoffs, missing responses, retesting, accommodations, and how results are presented to decision-makers. A colorful report can encourage categorical judgments even when the underlying result is uncertain or continuous.
Clarify data access, retention, and sharing as practical governance matters. Do not assume this article establishes every privacy obligation that may apply. State and local requirements, contractual terms, and other rules may need separate review.
The EEOC guidance makes clear that employer responsibility is not eliminated by relying on vendor documentation. Qualified review should examine the employer's actual use, not merely the product's reputation.
What applicants can ask without self-diagnosing
Applicants can ask what the assessment measures, whether it is required, how it will be used, and whom to contact about accessibility or accommodations. They can also ask whether results are used as an automatic screen or considered alongside other job-related evidence.
Do not assume that an uncomfortable question proves illegality. Preserve the wording, instructions, date, and relevant communications if you have concerns, and seek individualized advice from an appropriate professional or agency. Avoid sharing unnecessary medical details merely to explain a personality preference.
If persistent anxiety about testing is impairing daily life, qualified mental health support may help. That is separate from determining whether the employer's procedure complies with law. A personality result is not a diagnosis and should not be treated as one.
Applicants also need not accept a type-based rejection as an accurate statement about their career potential. Best Jobs for Introverts can be useful when approached as exploration of working conditions, not a list of roles that quieter people are allowed to hold.
Limitations and the bottom line
This discussion is limited to verified general U.S. federal guidance and official MBTI ethics. It does not resolve a particular employer's coverage, every state or local rule, collective bargaining obligations, or requirements for a specific automated hiring system. EEOC technical assistance explains the agency's guidance; it is not a substitute for the governing statutes, regulations, and applicable legal decisions.
Personality tests are therefore neither universally forbidden nor automatically appropriate. Employers should connect selection procedures to actual work, examine supporting evidence and discriminatory effects, address disability-related requirements, and respect instrument-specific restrictions. Applicants can ask concrete questions without assuming that a test result defines their abilities, health, or future.
Common questions
- Not categorically. Their design and use can raise issues under federal antidiscrimination and disability laws. The relevant assessment, hiring stage, employer, outcomes, and applicable rules matter. This is general education, not legal advice.
- The Myers & Briggs Foundation's official code of ethics explicitly calls that use unethical. This instrument-specific restriction should not be confused with a statutory ban on every personality assessment.
- Ask what it measures, whether participation is required, how results affect hiring, and how to request an accommodation. If you suspect discrimination or an improper medical inquiry, preserve the details and seek individualized guidance.
Are personality tests illegal in U.S. hiring?+
Can employers use MBTI results to screen applicants?+
What should I ask before taking a hiring personality test?+
Sources
- 01Employment Tests and Selection Procedures — U.S. Equal Employment Opportunity Commission
- 02MBTI Code of Ethics — Myers & Briggs Foundation