California Selection and Testing laws & HR compliance analysis

California Selection and Testing: What you need to know

The California Fair Employment and Housing Act prohibits employment discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer-related conditions and genetic characteristics), genetic information, marital status, sex, gender identity, gender expression, age (40 years and older), sexual orientation, or military and veteran status of any person, unless based on a bona fide occupational qualification (BFOQ).
In addition, employers are prohibited from printing or circulating any job notice or advertisement making any non-job-related inquiry or using any employment application that indicates a discriminatory limitation or specification unless such limitation or specification is a BFOQ. Employers with five or more employees are covered by the Act (CA Gov. Code Sec. 12900 et seq.).
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Employers may generally administer professionally developed aptitude tests and other selection devices if they are not designed, intended, or used to discriminate against a protected individual or class of individuals.
Employers are prohibited from administering lie detector tests to applicants or employees as a condition of employment (CA Lab. Code Sec. 432.2).
Under the Act, before making an employment offer, an employer may not:
• Require an applicant to submit to any medical or psychological examination;
• Make any medical or psychological inquiry of an applicant;
• Ask whether an applicant has a mental disability, physical disability, or medical condition; or
• Make any inquiry regarding the nature or severity of a physical disability, mental disability, ...

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