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4- <br />r•~• ~ • <br />test results accurately reflect the applicant's or employee's job skills, <br />aptitude, or whatever other factor the test purports to measure, rather <br />than the applicant's or employee's impaired sensory, manual, or <br />speaking skills (except where those skills are the factors that the test <br />purports to measure). <br />3. Preemployment inquiries. <br />a) County may not make a preemployment inquiry or conduct a <br />preemployment medical examination of an applicant to determine <br />whether the applicant is an individual with handicaps or disabilities <br />or the nature of the handicap or disability. The County may, <br />however, make preemployment inquiry into an applicant's ability to <br />perform job-related functions. <br />b) When the County is undertaking affirmative action efforts, voluntary <br />or otherwise, the County may invite applicants for employment to <br />indicate whether and to what extent they are handicapped. This may <br />occur if the following conditions are met: the County clearly states <br />on any written questionnaire used for this purpose, or makes clear <br />orally, that the information requested is intended for use solely in <br />connection with its remedial action obligations, or its voluntary or <br />affirmative action efforts; and the County states clearly that the <br />information is being requested on a voluntary basis, that it will be <br />kept confidential and in a separate medical records file, that refusal <br />to provide the information will not subject the applicant or employee <br />to any adverse treatment, and that the information will be used only <br />in accordance with this part. <br />c) Nothing shall prohibit County from conditioning an offer of <br />employment on the results of a medical examination conducted <br />before the employee's entrance on duty if all entering employees in <br />that category of job classification must take such an examination <br />regardless of handicap. <br />d) If the County must obtain information concerning medical condition <br />or history of the applicant, it must be collected and maintained on <br />separate forms that are accorded confidentiality as medical records, <br />except that: supervisors and managers may be informed of <br />restrictions on the work or duties of individual with handicaps and <br />informed of necessary accommodations; first aid and safety <br />personnel maybe informed if the condition might require emergency <br />Exhibit E <br />Page 4 of 7 <br />27 6 <br />