Adults with autism suffer from an alarmingly high and increasing unemployment rate. Many companies use pre-employment personality screening tests. These filters likely have disparate impact upon the neurodiverse population, exacerbating this societal problem. This situation puts us in a bind. On the one hand, the tests disproportionately harm a vulnerable group in society. On the other, employers have a right to use personality traits in their decisions and think that personality test scores are predictors of job performance. It is difficult to say whether this negative disparate impact is a case of wrongful discrimination. Nevertheless, focusing on the tests, we’ll show that pre-employment personality tests prey in an unjust way on several features associated with autism. We end by suggesting the contours of some regulation that we deem necessary
