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Employment testing and discrimination in the post-Ricci era

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in Discrimination and Harassment,Employee Benefits Program,Employment Law,Human Resources

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)

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