Employment Testing and Job Analysis Resources
DISCLAIMER: This is not intended to be legal advice. This is a free service we provide to our graduates and we strongly encourage everyone to be up-to-date on the laws of employment testing.
Employment-Related Laws
Equal Employment Opportunity Commission (EEOC) is the enforcement agency of all employment-related laws in the United States. This department is responsible for publishing guidelines for these laws and enforcing compliance. They collect data from a complaint and impose fines. Check out the EEOC website for new, proposed and existing regulations.
- The Equal Pay Act of 1963 (EPA) – This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
- Title VII of the Civil Rights Act of 1964 (Title VII) – This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.
- The Pregnancy Discrimination Act – This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
- The Age Discrimination in Employment Act of 1967 (ADEA) – This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
- Sections 501 and 505 of the Rehabilitation Act of 1973 – This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.
- Sections 102 and 103 of the Civil Rights Act of 1991 – Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.
- Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) – This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business. Notice Concerning the The Americans with Disabilities Act Amendments Act of 2009 (ADAAA) See “ADA” section below for more information
- The Genetic Information Nondiscrimination Act of 2008 (GINA) – This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members (i.e. an individual’s family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Effective November 21, 2009.
- Current text of the Americans with Disabilities Act of 1990 incorporating the changes made by the ADA Amendments Act of 2008. (HTML) | (PDF)
- Text showing the changes to the Americans with Disabilities Act of 1990 made by the ADA Amendments Act of 2008 with deleted language shown as strike through font and new language shown in bold font. (HTML)
- Text showing the changes to the Americans with Disabilities Act of 1990 made by the ADA Amendments Act of 2008 with deleted language shown as strike through font and new language shown in bold font with coding for access by people who use screen readers. (HTML)
- Text of the Americans with Disabilities Act of 1990, before changes made by the ADA Amendments Act of 2008 (HTML) [archive].
- ADA – Questions & Answers (from ADA.gov website)
- Responsibilities of the Employer
- Strategies for Compliance with the ADA when Preparing your Post-Offer Test
- James vs. Goodyear Tire and Rubber
- Indergard vs. Georgia-Pacific
- Murphy vs. United Parcel Service, Inc. [PDF] and Murphy vs. UPS Summary [PDF]
- Sutton vs. United Airlines, Inc. [PDF]
- Kelly A. Gillen vs. Fallon Ambulance Service [PDF]
- Equal Employment Opportunity Commission (EEOC) vs. Dial Corporation [PDF]
- Chevron U.S.A., Inc. vs. Mario Echazabal [PDF] and Chevron vs. Echazabal Summary [PDF]
American’s with Disability Act (ADA)
Purpose: To provide a clear, comprehensive, consistent and enforceable national mandate for the discrimination against individual with disabilities. This law drives the need for employers to document their job requirements and sets guidelines for employment testing.
Amendments to the ADA (2009)
Miscellaneous ADA Resources
Court Cases that Affected the Amendments to the ADA
EEOC Enforcement Guidances of the ADA
IMPORTANT: These guidances are up-to-date as of December 09, 2010 (meaning they have not been rescinded or withdrawn by the EEOC as of this date). It is important that you verify for yourself whether or not they are still applicable by one of the following options:
- visit http://archive.eeoc.gov/policy/guidance.html
- email the EEOC at info@eeoc.gov
- call 1-800-669-4000 and ask if you are looking at the most up-to-date information.
Employment Tests and Selection Procedures December, 2007
Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans With Disabilities Act Updated October, 2002. The Commission has re-issued the Guidance on Reasonable Accommodation and Undue Hardship to reflect a recent Supreme Court decision, US Airways, Inc. v. Barnett. The cover page of the Guidance notes where the major changes in the document are to be found. This revised version replaces the 3/1/99 Guidance.
- See also: ADA Technical Assistance Manual: Addendum October, 2002
- See also: Small Employers and Reasonable Accommodation March, 1999
Physical Demands Terminology
Revised Handbook for Analyzing Jobs-1972 (Available on Amazon.com at the cheapest price)
Dictionary of Occupational Titles
O’Net
MTM’s
Matheson-Defined (found in our Glossary)
