STEWARD ALERT!     It is illegal for any employer to use tests of any kind (oral, written, behavioral) if they tend to discriminate against a class of protected employees under any of the Civil Rights acts, unless it can that the test is job-related, is a business necessity and no reasonable alternative is available. (See 5 CFR 300)

SSA forgot about that when an employee with a brain injury disability asked that he be given the interview questions in writing during the interview as well as orally. When the employee challenged his interview score SSA could not provide enough evidence to show that the auditory processing of information alone was an essential function of the vacant job.  EEOC concluded that the denial of this accommodation tended to screen out employees with this disability.  It ordered the employee be retroactively promoted to the vacant position with back pay and be given $5,000 for the emotional stress of having to endure this discrimination.

If any union stewards know of tests being used by management, formally or informally, to make employment decisions such as a promotion, reassignment, overtime assignment, etc. bring it up with the union leadership to work out a plan for determining whether it is legal. The case is Jones v. Social Security Administration, (EEOC OFO 08/02/11)

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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