Discrimination in employment: employment tests and selection procedures.
By enacting SB 1241, the bill seeks to create a safer legal environment for employers when implementing testing procedures for hiring and promotion. Employers will have the opportunity to provide evidence that their assessments are effective and equitable. They are required to maintain comprehensive records of their selection processes and be accountable to the Department of Fair Employment and Housing upon request. This could potentially streamline the legal landscape regarding employment tests, which has been fraught with litigation over claims of bias and discrimination.
Senate Bill 1241, introduced by Senator Lena Gonzalez alongside notable coauthors, aims to amend the Government Code by adding Sections 12954 and 12954.2. The core intention of the bill is to establish a presumption against discrimination in employment decisions based on tests or selection procedures, provided that these procedures comply with specific criteria. The bill mandates that any test or procedure used for hiring or promotion must be job-related and necessary for business, ensuring that the testing methods do not lead to a disparate impact on protected classes unless justified by business necessity.
However, the bill may attract criticism and debate, especially regarding how the presumption of no discrimination is established and monitored. Critics may argue that allowing presumption of non-discrimination could lead to complacency among employers, potentially overlooking systemic issues of bias in their assessment methods. Furthermore, there are concerns about the expectations placed on employers to demonstrate compliance, and what recourse individuals from protected classes may have in cases they feel were unjustly impacted by these policies.