As part of the interviewing process, can I require construction executive job seekers to take a psychological test for executive level positions?

Although this is an unsettled area of law, it might depend on the test. Many widely used psychological tests ask questions that invade the test-taker's privacy. And the jury is still out as to whether these tests have any ability to predict whether a particular employee will lie, steal, manage poorly or cause other workplace problems. Because these tests are an imprecise measure at best, and because they are likely to be intrusive, construction employers would do well to avoid these tests in most circumstances.