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Title II Technical Assistance Manual

Note: This technical assistance document is based on the 1991 ADA Regulations and Standards.  It has not been revised by the Department of Justice as of 2023 to reflect the changes in the 2010 ADA rules.

II−4.3300 Nondiscrimination in selection criteria and the administration of tests. Public entities may not use employment selection criteria that have the effect of subjecting individuals with disabilities to discrimination. In addition, public entities are required to ensure that, where necessary to avoid discrimination, employment tests are modified so that the test results reflect job skills or aptitude or whatever the test purports to measure, rather than the applicant's or employee's hearing, visual, speaking, or manual skills (unless the test is designed to measure hearing, visual, speaking, or manual skills).

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