Washington Selection and Testing laws & HR compliance analysis

Washington Selection and Testing: What you need to know

The Washington Law Against Discrimination (WLAD) prohibits employment practices that discriminate on the basis of race, creed, color, national origin (including ancestry), age (40 years or older), sex (including pregnancy), marital status, sexual orientation (including gender identity), military status, actual or perceived human immunodeficiency virus (HIV) or hepatitis C infection, disability, or the use of a trained guide dog or service animal by a person with a disability,unless an otherwise protected characteristic constitutes a bona fide occupational qualification (BFOQ) (i.e., is necessary in order to perform the job in question). In addition, employers may not print or circulate any job notice or advertisement, make any preemployment inquiry, or use any employment application that indicates a discriminatory limitation or specification unless based on a BFOQ. The law covers employers with eight or more employees, including employment agencies and labor organizations (WA Rev. Code Sec. 49.60.010 et seq.).
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Employers may generally use any professionally developed aptitude test as long as the test is not designed, intended, or used to discriminate against a protected individual or class of individuals.
With limited exceptions, employers are prohibited from requiring that applicants and employees submit to a lie detector or similar test as a condition of employment or continued employment (WA Rev. Code Sec. 49.44.120).
Employers may not require HIV or hepatitis C tests as a condition of employment or discriminate on the basis of test results unless a negative status is a BFOQ. Washington law ...

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