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2. Contractor's employment criteria. <br /> a) A contractor may not use any employment test or other selection <br /> • criterion that screens out or tends to screen out individuals with <br /> handicaps or disabilities or any class or individuals with handicaps <br /> or disabilities unless the contractor can demonstrate (1) the test <br /> score or other criterion is job - related for the position in question, <br /> and (2) that the test results accurately reflect the applicant's or <br /> employee's job skills, aptitude, or whatever other factor the test <br /> purports to measure, rather than the applicant's or employee's <br /> impaired sensory, manual, or speaking skills (except where those <br /> skills are the factors that the test purports to measure). <br /> 3. Preemployment inquiries. <br /> a) A contractor may not make a preemployment inquiry or conduct <br /> a 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 contractor may, <br /> however, make preemployment inquiry into an applicant's ability <br /> to perform job - related functions. <br /> , b) When the contractor is undertaking affirmative action efforts, <br /> voluntary or otherwise, the contractor may invite applicants for <br /> employment to indicate whether and to what extent they are <br /> handicapped. This may occur if the following conditions are met: <br /> the contractor clearly states on any written questionnaire used for <br /> this purpose, or makes clear orally, that the information requested <br /> is intended for use solely in connection with its remedial action <br /> obligations, or its voluntary or affirmative action efforts; and the <br /> contractor states clearly that the information is being requested on <br /> a voluntary basis, that it will be kept confidential and in a separate <br /> medical records file, that refusal to provide the information will <br /> not subject the applicant or employee to any adverse treatment, <br /> and that the information will be used only in accordance with this <br /> part. <br /> c) Nothing shall prohibit a contractor 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 <br /> in that category of job classification must take such an examination <br /> regardless of handicap. <br /> Exhibit E <br /> Page 5 of 10 <br />