Basic Conditions of Employment Act, 1997
R 385
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Employment Equity Act, 1998 (Act No. 55 of 1998) Chapter II : Prohibition of Unfair Discrimination8. 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]
