Agmt 2001 Building Futures with Women and Children BFWC

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2. Contractor's employment criteria. a) A contractor may not use any employment test or other selection criterion that screens out or tends to screen out individuals with handicaps or disabilities or any class or individuals with handicaps or disabilities unless the contractor can demonstrate (1) the test score or other criterion is job-related for the position in question, and (2) that 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). 3. Preemployment inquiries. a) A contractor may not make a preemployment inquiry or conduct a preemployment medical examination of an applicant to determine whether the applicant is an individual with handicaps or disabilities or the nature of the handicap or disability. The contractor may, however, make preemployment inquiry into an applicant's ability to perform job-related functions. b) When the contractor is undertaking affirmative action efforts, voluntary or otherwise, the contractor may invite applicants for employment to indicate whether and to what extent they are handicapped. This may occur if the following conditions are met: the contractor clearly states on any written questionnaire used for this purpose, or makes clear orally, that the information requested is intended for use solely in connection with its remedial action obligations, or its voluntary or affirmative action efforts; and the contractor states clearly that the information is being requested on a voluntary basis, that it will be kept confidential and in a separate medical records file, that refusal to provide the information will not subject the applicant or employee to any adverse treatment, and that the information will be used only in accordance with this part. c) Nothing shall prohibit a contractor from conditioning an offer of employment on the results of a medical examination conducted before the employee's entrance. on duty if all entering employees in that category of job classification must take such an examination regardless of handicap. EXI-IIBIT E G:\DS\HOPE\BUILDING FUTURES WITH WOMEN AND CHILDRENCIP AGMT.FY zoos-zooz.ao~ Page 5 of 10