TW
HP
ADA-Defensible Hiring

ADA-Defensible Pre-Employment Agility Testing

Torres Workforce Health Partners designs and delivers post-offer pre-employment agility tests and physical ability tests for mid-size employers with physically demanding jobs. Every test is built from a documented analysis of the job’s actual demands, so you can place new hires in work they can safely do — and make hiring decisions that are consistent, job-related, and easier to defend.

Designed by Christopher Torres, PT, DPT, OCS, CEAS — a board-certified orthopedic clinical specialist and certified ergonomics assessment specialist with 26 years in physical therapy and occupational health.

The Problem

Why generic agility tests create risk

Many employers use an off-the-shelf lift test or a general fitness screen. That creates two problems:

  • Safety risk. A test that doesn't match the job doesn't tell you whether a candidate can safely do the job. New-hire injuries follow.

  • Legal risk. Under the Americans with Disabilities Act (ADA) and related employment laws, a test that screens people out needs to be job-related and consistent with business necessity. Tests that go beyond what the job actually requires are hard to defend.

The fix is simple in concept: measure the job first, then test only what the job demands.

Process

How our pre-employment testing works

  1. 01

    Job demands analysisWe observe and measure each job's essential physical tasks — weights, forces, heights, distances, postures, and frequencies — and document them.

  2. 02

    Test designWe build a job-specific physical ability test that mirrors those essential tasks at the documented levels. No extra requirements, no generic fitness standards.

  3. 03

    Consistent, post-offer administrationTests are given after a conditional job offer, to every entering employee in the same job category, using a standardized protocol and trained evaluators.

  4. 04

    Clear results and next stepsYou get a straightforward result for each candidate against the job's demands, plus a process for considering reasonable accommodations.

  5. 05

    Documentation you can stand behindJob demands analyses, test protocols, and administration records are documented, so you can show how each test ties to the job.

Defensibility

What makes a pre-employment agility test more defensible

  • Built from a documented job demands analysis for each job
  • Tests only the essential functions of the job, at the levels the job requires
  • Given post-offer and applied consistently to everyone entering the same job category
  • Administered with a standardized protocol by qualified evaluators
  • Includes a process for considering reasonable accommodations
  • Test results and any medical information handled confidentially and kept separate from personnel files
  • Reviewed and updated when the job changes
Who It’s For

Who it’s for

HR, safety, and risk leaders at mid-size employers with physically demanding operations, including:

  • Manufacturing and production
  • Warehousing, distribution, and logistics
  • Other physically demanding operations where new-hire injuries drive workers' compensation costs
Outcomes

What employers get

  • Fewer mismatches between new hires and job demands
  • A consistent, documented hiring process across sites and hiring managers
  • Job demands data you can reuse for ergonomics, job descriptions, and return-to-work decisions
  • A clear link between hiring, injury prevention, and workers' comp strategy
Why TWHP

Why Torres Workforce Health Partners

  • Clinical depth: Doctor of Physical Therapy, board-certified orthopedic clinical specialist, certified ergonomics assessment specialist.

  • Operating experience: 26 years in physical therapy, including leading 25+ clinics.

  • One system: The same job demands analysis supports hiring, injury prevention, and return-to-work.

  • Regional focus: Serving employers across North and South Carolina.

FAQ

Frequently asked questions

What is a pre-employment agility test?

A pre-employment agility test, also called a physical ability test, measures whether a candidate can safely perform the physical tasks of a specific job — such as lifting, carrying, pushing, pulling, climbing, or sustained reaching — at the levels the job requires.

Are pre-employment physical ability tests legal under the ADA?

They can be, when they're designed and used correctly. In general, tests that screen people out should be job-related and consistent with business necessity, given consistently to everyone in the same job category, and paired with a process for considering reasonable accommodations. Timing matters too: physical ability tests that function as medical exams must be given after a conditional job offer. Because requirements depend on your situation, we recommend having your employment counsel review your testing program.

Why test after the job offer?

Post-offer testing lets you evaluate physical ability against the job without running into the ADA's limits on pre-offer medical inquiries and exams. It also keeps the process consistent: every person entering the same job category is tested the same way.

How is a job-specific test different from a generic lift test?

A generic lift test uses a standard weight or fitness benchmark. A job-specific test is built from a documented analysis of the actual job, so it measures only what the work requires. That makes it a better predictor of safe performance and easier to justify.

What do you need from us to get started?

Job descriptions, a list of the jobs you want to test for, access to observe those jobs on site, and your recent injury and claims data if available. We start with the jobs that have the most new-hire injuries or the highest physical demands.

What areas do you serve?

We serve employers across North Carolina and South Carolina.

Next Step

Hire for the job as it really is

Let's build job-specific, post-offer testing for your most physically demanding roles.

Talk to Us About Testing

This page provides general information, not legal advice. Employers should consult their employment counsel about their specific testing program.