District of Columbia Selection and Testing laws & HR compliance analysis

District of Columbia Selection and Testing: What you need to know

The District of Columbia Human Rights Act prohibits discrimination based on an individual's actual or perceived race, color, religion, national origin, sex (includes pregnancy, childbirth, and related medical conditions), age (18 years and older), marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, disability, matriculation, or political affiliation.
Employers may, however, select employees on the basis of criteria that would otherwise be prohibited by the Act, as long as the selection practice is not intentionally designed to contravene the Act's purpose and is supported by a legitimate business necessity. The Act applies to employers with one or more employees. In addition, employers are prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation, specification, or distinction (DC Code Sec. 2-1402.11 et seq.).
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Blindness and other physical disabilities. The District of Columbia also specifically prohibits employers from discrimination based on blindness, visual impairment, or other physical disabilities, unless the particular disability prevents the performance of the job in question (DC Code Sec. 7-1005).
District employers may conduct physical and medical examinations but should follow the guidelines provided by the Americans with Disabilities Act (ADA), which prohibits requiring an applicant to take a medical examination before a conditional offer of employment is made. Fitness tests are not considered medical examinations and may be administered in order to demonstrate ability to perform actual or simulated job tasks. A ...

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