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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 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 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, and <br />that the information will be used only in accordance with this 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 in <br />that category of job classification must take such an examination <br />regardless of handicap. <br />Exhibit E <br />Page 5 of 10 <br />