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S. 5333

Advancing Skills-Based Hiring Act of 2022

Advancing Skills-Based Hiring Act of 2022

This bill allows employers to submit to the Equal Employment Opportunity Commission (EEOC) evidence that a competency-based skills test or other employment selection process is consistent with lawful employment practices.

The EEOC must review each submission and determine whether the procedure is job-related and consistent with a business necessity, or provide technical assistance to the employer about potential changes that would allow the EEOC to make such a determination.

Such a determination may be used by the employer to satisfy the burden of proof under the disparate impact analysis with respect to a claim of an unlawful discrimination.

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sen. Braun, Mike [R-IN](R-IN)Sponsor
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Advancing Skills-Based Hiring Act of 2022 — Informed