Oklahoma Selection and Testing laws & HR compliance analysis

Oklahoma Selection and Testing: What you need to know

The Oklahoma Anti-Discrimination Act prohibits discrimination based on race, color, religion, sex, national origin, age (40 years of age and older), genetic information, or disability, unless the employer can demonstrate that an accommodation for a disability would impose an undue hardship on the employer’s business operations.
The Act applies to all employers. Employers are also prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation, or specification, unless religion, sex, or national origin is a bona fide occupational qualification (BFOQ) (OK Stat. Tit. 25 Sec. 1302 et seq.).
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Employers may generally use professionally developed aptitude tests so long as they are not designed, intended, or used to discriminate against a protected individual or class of individuals.
State employers may conduct physical and medical examinations but should be sure to comply with the federal Americans with Disabilities Act (ADA), which prohibits requiring an applicant to take a medical examination before a conditional offer of employment is made. In addition, a medical exam may be required only if the exam is required of all prospective employees for the position in question. A job offer may be conditioned on the results of a medical examination, but if an individual is screened out because of a disability, the employer must be able to show that the reason for the rejection was job related and consistent with business necessity.
Physical agility tests are not considered medical examinations and may be administered in order to demonstrate ability to perform actual or simulated job tasks. ...

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