Discrimination in employment: employment tests and selection procedures.

Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. This bill would create a presumption that an employer's decision relating to hiring or promotion based on a test or other selection procedure is not discriminatory, if the test or procedure meets specified criteria, including, among other things, that it is job related and meets a business necessity, as defined by the bill for purposes of these provisions and specified existing law, and that the test or procedure utilizes pretested assessment technology that, upon use, resulted in an increase in the hiring or promotion of a protected class compared to prior workforce composition. The bill would also require the employer to keep records of the testing or procedure and submit them for review by the Department of Fair Employment and Housing, upon request, in order to qualify for the presumption. The bill would define other terms for purposes of these provisions.