Advancing Skills-Based Hiring Act of 2023

• •The EEOC must establish a voluntary process for employers to submit validity evidence for hiring tests and selection procedures.
• •Employers can request an EEOC determination on whether their hiring tests are job-related and consistent with business necessity.
• •Employers with more than 100 employees must pay a fee to the EEOC to cover the cost of the review process.
• •If the EEOC determines a test is job-related, the employer may use that determination to satisfy their burden of proof under the Civil Rights Act of 1964.
• •If the EEOC cannot approve a test, it must provide technical assistance explaining why and suggesting necessary changes.
• •Information submitted by employers and technical assistance provided by the EEOC cannot be used against the employer in future enforcement actions.
• •Submitted information and technical assistance are inadmissible in court without the employer's consent.
• •Employers must include information on whether their tests have resulted in an adverse impact on protected groups when submitting evidence.
• •The Act takes effect 90 days after its enactment.
• •The EEOC is required to provide general education and technical assistance regarding test validation methods.

This bill establishes a new federal review process for employer hiring tests, allowing companies with over 100 employees to pay a fee for an EEOC determination that their selection procedures meet legal standards for job-relatedness.

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.