Connecticut Selection and Testing laws & HR compliance analysis

Connecticut Selection and Testing: What you need to know

The Connecticut Fair Employment Practices Act does not specifically mention selection and testing but does prohibit employers from discriminating against applicants or employees based on race, color, religious creed, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, status as a veteran (effective October 1, 2017), present or past history of mental disorder, intellectual disability, learning disability, or physical disability, including but not limited to blindness, unless a bona fide occupational qualification (BFOQ) applies (CT Gen. Stat. Sec. 46a-51 et seq.). The Act covers employers with three or more employees. Employers are prohibited from discharging, expelling, or otherwise discriminating against any person who has opposed any of the discriminatory practices listed above (CT Gen. Stat. Sec. 46a-60).
Tobacco products. Employers are prohibited from discriminating against any applicant for smoking or using tobacco products outside the workplace (CT Gen. Stat. Sec. 31-40s). There is an exemption for nonprofit organizations whose primary purpose is to discourage use of tobacco products by the general public.
Employers may generally use any professionally developed test or selection device as long as it is not designed, used, or intended to discriminate against a protected individual or class of individuals.
Employers may conduct physical and medical examinations but should be sure to comply with the federal Americans with Disabilities Act, which prohibits requiring an applicant to take a medical examination before a conditional offer of employment is made and then only if the ...

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