Uniform Guidelines on Employee Selection Procedures
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An employment selection process is considered discriminatory if it has an adverse impact* on the hiring, promotion or other employment opportunities of individuals because of race, sex or ethnicity; that is, if the selection rate for any race, sex or ethnic group is less than 80 percent for the group having the highest selection rate. A selection procedure that results in an adverse impact is allowed to stand if the employer can demonstrate that it measures a trait necessary for successful performance of the job. Or, the employer can eliminate the factor from the selection process which has caused the adverse impact.