Pre-employment testing laws & regulations

A pre-employment test is legal if it appropriately screens out protected classes of citizens like minorities, physically challenged individuals, or females and evaluates potential & existing employees only on the topics directly related to the job.

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The Equal Employment Opportunity Commission (EEOC) enforces employment laws, and these laws affect almost every aspect of the hiring process. It also provides an "Employment Tests and Selection Procedures" fact sheet to inform employers of pre-employment legal issues.

The pre-employment test should eliminate biases and improve the legal defensibility of the hiring process. According to the EEOC pre-employment testing laws, it's illegal to discriminate based on race, color, religion, age, sex, disability, and nationality.

Introduction to EEOC laws

The Equal Employment Opportunity Commission (EEOC) enforces pre-employment testing laws that prohibit the use of pre-employment tests which discriminate against potential and existing employees.


Laws enforced by EEOC -

1. Title VII of the Civil Rights Act-

According to this law, employers can't discriminate against someone on the basis of race, color, religion, national origin, sex, and age. The amended Title VII makes it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

2. Title I of the Americans with Disabilities Act-

According to this law, it's illegal to discriminate against a qualified person with a disability in the private sector and state and local governments. Under this act, employers can't use a way of pre-employment screening which supports discrimination of qualified candidates based on their mental and physical disability.

3. Age Discrimination in Employment Act-

The law says employers can't use pre-employment screening tests to discriminate against people 40 or older. The law makes it illegal if the employer uses a pre-employment test for people older than 40 when all individuals are not required to take the same test. The Age Discrimination Law also prohibits screening processes that disproportionately affect applicants aged 40 years and older, even if the test is necessary for all individuals. To help you understand things better, iMocha has compiled a checklist that is easy to understand and use. You can view the checklist below or download it for your future reference.
To help you understand things better, iMocha has compiled a checklist that is easy to understand and use. You can view the checklist below or download it for your future reference.

EEOC compliance checklist