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<br />2. Contractor's employment criteria. <br />a) A contractor may not use any employment test or other selec <br />criterion that screens out or tends to screen out individuals <br />handicaps or disabilities or any class or individuals with handic <br />or disabilities unless the contractor can demonstrate (1) the test s~ <br />or other criterion is job-related for the position in question, and <br />that the test results accurately reflect the applicant's or emplo} <br />job skills, aptitude, or whatever other factor the test purport <br />measure, rather than the applicant's or employee's impaired Sens <br />manual, or speaking skills (except where those skills are the fac <br />that the test purports to measure). <br />3. Preemployment inquiries. <br />a) A contractor may not make a preemployment inquiry or condo <br />preemployment medical examination of an applicant to detern <br />whether the applicant is an individual with handicaps or disabil <br />or the nature of the handicap or disability. The contractor r <br />however, make preemployment inquiry into an applicant's abilit <br />perform job-related functions. <br />b) When the contractor is undertaking affirmative action eff <br />voluntary or otherwise, the contractor may invite applicants <br />employment to indicate whether and to what extent they <br />handicapped. This may occur if the following conditions are ~ <br />the contractor clearly states on any written questionnaire used for <br />purpose, or makes clear orally; that the information requeste <br />intended for use solely in connection with its remedial ac <br />obligations, or its voluntary or affirmative action efforts; and <br />contractor states clearly that the information is being requested ~ <br />voluntary basis, that it will be kept confidential and in a sepa <br />medical records file, that refusal to provide the information will <br />subject the applicant or employee to any adverse treatment, and <br />the information will be used only in accordance with this part. <br />c) Nothing shall prohibit a contractor from conditioning an offe <br />employment on the results of a medical examination condo <br />before the employee's entrance on duty if all entering employee <br />that category of job classification must take such an examina <br />regardless of handicap. <br />Page 5 Of 1 ~G:~DS~I-IOPE~,SAN LEANDRO BOYS AND GIRLS CLUB AG'iMT.(CIP)FY 2001-2002.doc <br />