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Arizona Selection and Testing: What you need to know

The Arizona Civil Rights Act prohibits discrimination based on race, color, religion, sex, age (40 and over), disability, national origin, or genetic test results unless religion, sex, age, or national origin constitutes a bona fide occupational qualification (BFOQ). In addition, employers are prohibited from using any job notice or advertisement indicating a discriminatory preference, limitation, or specification, unless religion, sex, age, or national origin constitutes a BFOQ. The Act covers employers that have employed 15 or more employees during each working day for 20 or more weeks during the current or prior year (AZ Rev. Stat. Sec. 41-1461 et seq.).
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Employers may give and act on the results of any professionally developed ability test as long as the test is not designed, intended, or used to discriminate on the basis of race, color, religion, sex, or national origin (AZ Rev. Stat. Sec. 41-1463(I)(2)).
State employers may conduct physical and medical examinations but should be sure to follow the guidelines provided by the Americans with Disabilities Act, which prohibits requiring an applicant to take a medical examination before a conditional offer of employment is made. Fitness and agility tests are not considered medical examinations and may be administered in order to demonstrate ability to perform actual or simulated job tasks. A job offer may be conditioned on the results of a medical examination, but only if the examination is given to all employees offered similar jobs.
Arizona law allows employers to test employees and applicants for alcohol or drug impairment and regulates the procedures ...

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