West Virginia Selection and Testing laws & HR compliance analysis

West Virginia Selection and Testing: What you need to know

The West Virginia Human Rights Act prohibits discrimination based on race, religion, color, national origin, ancestry, sex, age (40 years and older), blindness, or disability, unless there is a bona fide occupational qualification (BFOQ) (i.e., a characteristic necessary in order to perform the job in question).
The Act covers the state and private employers that have employed 12 or more employees for 20 or more calendar weeks in the current or prior calendar year. In addition, employers are prohibited from printing or publishing any job notice or advertisement indicating a discriminatory preference, limitation, or specification unless the preference, limitation, or specification is based on a BFOQ (WV Code Sec. 5-11-2et seq.).
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Employers may generally use any professionally developed aptitude test or other selection device as long as it is 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 ...

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