(a) A recipient may not make use of any employment test or other selection criterion
that screens out or tends to screen out handicapped persons or any class of handicapped
persons unless: (1) The test score or other selection criterion, as used by the recipient,
is shown to be job-related for the position in question, and (2) alternative job-related
tests or criteria that do not screen out or tend to screen out as many handicapped
persons are not shown by the Director to be available.
(b) A recipient shall select and administer tests concerning employment so as best to
ensure that, when administered to an applicant or employee who has a handicap that
impairs sensory, manual, or speaking skills, the test results accurately reflect the
applicant's or employee's job skills, aptitude, or whatever other factor the test
purports to measure, rather than reflecting the applicant's or employee's impaired
sensory, manual, or speaking skills (except where those skills are the factors that
the test purports to measure).
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