South Carolina Selection and Testing laws & HR compliance analysis

South Carolina Selection and Testing: What you need to know

The South Carolina Human Affairs Law prohibits discrimination in employment on the basis of race, color, religion, national origin, sex, disability, or age (40 and over) (SC Code Sec. 1-13-10 et seq.). In addition, employers are prohibited from printing or publishing job notices or advertisements indicating a discriminatory preference, limitation, or specification of a protected characteristic. Employers are permitted to make hiring decisions based on age, religion, sex, or national origin if the characteristic is required in order to perform the job in question; i.e., is a bona fide occupational qualification (BFOQ).
The law covers all employers who have employed at least 15 or more employees during each working day for 20 or more calendar weeks in the current or preceding year.
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Employers may not administer or use employment tests that negatively reflect on an individual's impaired sensory, manual, or speaking skills unless the test is specifically designed to measure such skills. Other selection criteria and testing that tend to screen out individuals with disabilities are prohibited unless the factors or practices are related to the job in question and are consistent with business necessity (SC Code Sec. 1-13-80(D)(3) and (4)).
Generally, employers may utilize professionally developed aptitude tests and other selection procedures if such tests are not designed, intended, or used to discriminate against a protected individual or group of individuals.
The South Carolina Drug-Free Workplace Act requires employers that receive state contracts or grants in the amount of $50,000 or more to comply with a ...

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