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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter II : Prohibition of Unfair Discrimination

8. Psychological testing and other similar assessments

 

Psychological testing and other similar assessments of an employee are prohibited unless the test or assessment being used—

(a) has been scientifically shown to be valid and reliable;
(b) can be applied fairly to all employees;
(c) is not biased against any employee or group; and

[Paragraph (c) amended by section 4 of Act No. 47 of 2013]

(d) has been certified by the Health Professions Council of South Africa established by section 2 of the Health Professions Act, 1974 (Act No. 56 of 1974), or any other body which may be authorised by law to certify those tests or assessments.

[Paragraph (d) inserted by section 4 of Act No. 47 of 2013]