Alabama Selection and Testing laws & HR compliance analysis

Alabama Selection and Testing: What you need to know

Alabama does not have a comprehensive fair employment practices law. Employers are, however, subject to all relevant federal antidiscrimination laws.
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Age discrimination. The Alabama Age Discrimination Law prohibits employers from discrimination based on age (40 and over). The law also prohibits employers from printing or publishing any discriminatory job notice or advertisement indicating a preference, limitation, or specification based on age. The law applies to all employers with 20 or more employees (AL Code Sec. 25-1-20 et seq.).
Public employers. Alabama law prohibits state employers from discrimination based on disability (includes blindness, visual impairments, and any other physical disability), unless the disability prevents performance of the job in question (AL Code Sec. 21-7-8).
Employers may generally use any professionally developed test or selection device so long as it is not designed, used, or intended to discriminate against a protected individual or class of individuals.
Polygraph Examinations. State employers are prohibited from requiring or demanding a polygraph examination or similar test as a condition of continued employment (AL Code Sec. 36-1-8). Furthermore, the federal Employee Polygraph Protection Act of 1988 generally prohibits any employer engaged in interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exceptions (29 USC 2001et seq., 29 CFR Part 801).
Drug Testing. Many states have laws that regulate or prohibit drug testing, but Alabama does not have such a law. However, employers may qualify for a 5 percent workers' compensation insurance premium discount ...

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