Practice question
An employment test screens out an applicant with disability. The employer concedes that the tested ability is unrelated to the job and not required by business necessity. Which is the best assessment under section 32?
- Every screening test is lawful regardless of purpose
- The conceded lack of job relation and business necessity defeats the stated statutory justification for such screening
- Every employment test is categorically prohibited
- The applicant automatically receives every position applied for
- The law considers only the applicant’s preferred job title
Legal references
- https://lawphil.net/statutes/repacts/ra1992/ra_7277_1992.html — RA 7277, sections 4(h) and (l), 32–33, reasonable accommodation, qualification, and employment discrimination.
- https://lawphil.net/statutes/repacts/ra2013/ra_10524_2013.html — RA 10524 section 1, replacing RA 7277 section 5, employment equality and reserved positions.
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