Georgia Selection and Testing laws & HR compliance analysis

Georgia Selection and Testing: What you need to know

Public employers. The Georgia Fair Employment Practices Act prohibits state agencies from discrimination based on color, religion, national origin, sex, disability (physical or mental impairment), or age (40 years and over). State agencies with 15 or more employees are covered by the Act.
The Act also prohibits state employers from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation or specification, unless the discrimination constitutes a bona fide occupational qualification (BFOQ) (i.e., is required in order to perform the job in question) (GA Code Sec. 45-19-20 et seq.).
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Public and private employers. Georgia's Equal Employment for Persons with Disabilities Code prohibits employment practices that discriminate on the basis of physical or mental disability (excluding alcohol and drug addiction) and from printing or publishing discriminatory job notices or advertisements, unless the discriminatory preference, limitation, or specification is job related. The law applies to all employers with 15 or more employees (GA Code Sec. 34-6A-1 et seq.).
In addition, all employers conducting business in the state are prohibited from discriminating on the basis of age (between 40 and 70 years), unless age is a BFOQ (GA Code Sec. 34-1-2(a)).
Employers may generally administer and act upon the results of professionally developed aptitude tests and other selection devices so long as they are not designed, intended, or used to discriminate against a protected individual or class of individuals (GA Code Sec. 45-19-33).
State employers may conduct physical and medical examinations but should be sure to ...

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