Kentucky Selection and Testing laws & HR compliance analysis

Kentucky Selection and Testing: What you need to know

The Kentucky Civil Rights Act prohibits discrimination based on race, color, religion, national origin, sex (includes pregnancy, childbirth, and related medical conditions), age (40 years and over), disability, or use of tobacco products, unless religion or national origin is a bona fide occupational qualification (BFOQ), i.e., is required in order to perform the job in question.
In addition, employers are prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation, or specification, unless religion, national origin, sex, age, or disability is a BFOQ.
The Act covers employers with eight or more employees, except for the Act's disability prohibitions, which apply to employers with 15 or more employees (KY Rev. Stat. Sec. 344.010 et seq.).
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Disability discrimination. The Kentucky Equal Opportunities Act prohibits discrimination based on physical disability or HIV status, unless such factors constitute a BFOQ. The law applies to all employers with eight or more employees (KY Rev. Stat. Sec. 207.150).
Americans with Disabilities Act (ADA) compared. The ADA permits physical agility and fitness tests at the application stage. A fitness test demonstrates the applicant’s ability to perform job-related functions and is not considered a medical examination under the ADA. An example of a fitness test would be a lifting test for a job that requires heavy lifting.
However, if a test is designed to assess mental impairments or general psychological health (or used for that purpose), it may be considered a medical examination and should not be given until after a conditional offer of employment has been made, and then only if the inquiry or exam is required of ...

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