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Use business necessity as rationale for pre-Employment exams

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in Discrimination and Harassment,Employment Background Check,Hiring,Human Resources

Does your hiring process build in safeguards to prevent inadvertent disability discrimination? If you’re unsure, follow these guidelines for setting up the right process.

First, accept applications without regard to disability—even obvious disabilities that you are relatively sure will disqualify the applicant. Next, screen those applications for meeting the basic job requirements, such as education level, training and experience. Then—and only then—administer any tests, making sure that you test only for job-related criteria that reflect business necessities.

Only after you’ve made a conditional job offer can you require a candidate to have a physical exam. Again, the exam must be job related and designed to find out whether the candidate is physically capable of performing the work the position requires. You cannot simply demand that applicants be “fit” or free of various medical conditions. If the applicant does n...(register to read more)

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