The Advancing Skills-Based Hiring Act establishes a voluntary program at the Equal Employment Opportunity Commission (EEOC) that allows employers to submit hiring tests and selection procedures for review before using them. Employers can submit evidence showing their tests are job-related and based on business necessity, and if the EEOC approves, employers can use that determination as legal protection in discrimination lawsuits. The bill requires employers with more than 100 employees to pay a reasonable fee for this review service, while protecting employers from having their submitted information used against them in future enforcement actions or court cases. The EEOC will also provide education and guidance to help employers understand how to validate their hiring tests. The program takes effect 90 days after the bill becomes law and is designed to encourage skills-based hiring practices while reducing legal uncertainty for employers.
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