Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests.
THE LAW: Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, ethnicity, sex, religion and national origin in all aspects of employment—including job tests. The Age Discrimination in Employment Act prohibits discrimination based on age. The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities to allow them to perform the job’s essential functions.
All three laws allow employers to construct job tests that are “job related” and “consistent with business necessity.” But several high-profile lawsuits have alleged that job tests had a disparate impact on women, minorities or older workers.
WHAT’S NEW: The U.S. Supreme Court ruled last year in Ricci v. DeStefano that employers violate Tit...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Never tolerate co-worker sex harassment, even if harm comes from words, not deeds
- How should we handle a termination when both the FMLA and short-term disability are in play?
- Careful how often you suggest retirement
- Study cites New York as a hotbed of wage-and-hour claims