[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR8.12]



[Page 142]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 8_NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS 

AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table 

of Contents

 

                          Subpart B_Employment

 

Sec.  8.12  Employment criteria.



    (a) A recipient may not use any employment test or other selection 

criterion that screens out or tends to screen out individuals with 

handicaps or any class of individuals with handicaps unless:

    (1) The recipient demonstrates that the test score or other 

selection criterion, as used by the recipient, is job-related for the 

position in question; and

    (2) The appropriate HUD official demonstrates that alternative job-

related tests or criteria that tend to screen out fewer individuals with 

handicaps are unavailable.

    (b) A recipient shall select and administer tests concerning 

employment 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 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).