California Code of Regulations › Title 2 - Administration › Division 4.1 - Civil Rights Department › Chapter 5 - Civil Rights Council › Subchapter 2 - Discrimination in Employment › Article 9 - Disability Discrimination › Section 11072 - Employee Selection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prospective Need for Reasonable
					 Accommodation. An employer or other covered entity shall not deny an employment
					 benefit because of the prospective need to make reasonable accommodation to an
					 applicant or employee with a disability.
(b) Qualification standards, tests, and other
					 selection criteria.
(1) In general. It is
					 unlawful for an employer or a covered entity to use qualification standards,
					 employment tests or other selection criteria that screen out or tend to screen
					 out an applicant or employee with a disability or a class of individuals with
					 disabilities, on the basis of disability, unless the standards, tests, or other
					 selection criteria, as used by the covered entity, are shown to be job-related
					 for the position in question and are consistent with business necessity.
					 Statistical comparisons between persons with disabilities and persons who are
					 not disabled are not required to show that an individual with a disability or a
					 class of individuals with disabilities is screened out by selection
					 criteria.
(2) Qualification
					 Standards and Tests Related to Uncorrected Vision or Uncorrected Hearing. An
					 employer or other covered entity shall not use qualification standards,
					 employment tests, or other selection criteria based on an applicant's or
					 employee's uncorrected vision or uncorrected hearing unless the standards,
					 tests, or other selection criteria, as used by the employer or other covered
					 entity, are shown to be job-related for the position in question and are
					 consistent with business necessity.
(3) An employer or other covered entity shall
					 not make use of any testing criterion that discriminates against applicants or
					 employees with disabilities, unless:
(A) the
					 test score or other selection criterion used is shown to be job-related for the
					 position in question; and
(B) an
					 alternative job-related test or criterion that does not discriminate against
					 applicants or employees with disabilities is unavailable or would impose an
					 undue hardship on the employer.
(4) Tests of physical agility or strength
					 shall not be used as a basis for selection or retention of employment unless
					 the physical agility or strength measured by such test is
					 job-related.
(5) An employer or
					 other covered entity shall select and administer tests concerning employment so
					 as to ensure that, when administered to any applicant or employee, including an
					 applicant or employee with a disability, the test results accurately reflect
					 the applicant's or employee's job skills, aptitude, or whatever other criteria
					 the test purports to measure rather than reflecting the applicant's or
					 employee's disability, except when those skills affected by disability are the
					 criteria that the tests purport to measure. To accomplish this end, reasonable
					 accommodation shall be made in testing conditions. For example:
(A) The test site must be accessible to
					 applicants and employees with a disability.
(B) For applicants and employees who are
					 blind or visually impaired, an employer or other covered entity may translate
					 written tests into Braille or provide or allow enlarged print, real time
					 captioning, digital format, the use of a human reader or a screen reader, the
					 use of other computer technology, or oral presentation of the test.
(C) For applicants or employees who are
					 quadriplegic or have spinal cord injuries, an employer or other covered entity
					 may provide or allow someone to write for the applicant or employee, or provide
					 or allow voice recognition software or other computer technology, or allow oral
					 responses to written test questions.
(D) For applicants and employees who are
					 hearing impaired, an employer or other covered entity may provide or allow the
					 services of an interpreter.
(E) For
					 applicants and employees whose disabilities interfere with their ability to
					 read, process information, communicate, an employer or other covered entity may
					 allow additional time to complete the examination.
(F) Alternate tests or individualized
					 assessments may be necessary where test modification is inappropriate.
					 Competent expert advice may be sought before attempting such modification since
					 the validity of the test may be affected.
(G) Where reasonable accommodation is
					 appropriate, an employer or other covered entity may permit the use of readers,
					 interpreters, or similar supportive persons or
					 instruments.