imagine you are an HR Professional for a large warehouse company. You have been asked to prepare a 2-page memo for your company’s hiring managers, explaining to them the employment law issues to consider in preparing pre-employment physical tests or assessments. Many of the warehouse jobs require physical skills of varying kinds, so pre-hiring physical tests are appropriate. In your memo, you should address the key legal concepts hiring managers should keep in mind when working with medical consultants to design pre-employment physical tests. Be sure to discuss disparate treatment, disparate impact and how the EEOC might assess the test, among any other relevant issues. You should do your own additional research to make sure you are confident about the contents of your memo.