[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.212]



[Page 396]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.212  Employment criteria.



    (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 it can be 

demonstrated to the Director that (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).

    (c) All job qualifications must be shown to be directly related to 

the job in question.