Basic Guide to Medical and Psychometric Testing

Application

• National Defence Force;
• National Intelligence Agency; and
• South African Secret Service.

The provisions for affirmative action apply to –

• employers with 50 or more workers, or whose annual income is more than the amount specified in Schedule 4 of the Act;
• municipalities;
• organs of State;
• employers ordered to comply by a bargaining council agreement;
• any employers who volunteer to comply.

See

• Employment Equity Act

  Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action

Medical Tests

• the law permits or order it; or
• it is acceptable because of –
  • medical facts;
  • employment conditions;
  • social policy;
  • the fair distribution of benefits; or
  • job requirements.

Testing workers for HIV/AIDS is illegal unless the Labour Court orders it.

Based on Legislation in Section 7, of the Employment Equity Act

Psychometric Tests

• have been proved valid and reliable;
• are fair to all workers; and
• do not discriminate against a worker or group.
  

Based on Legislation in Section 8, of the Employment Equity Act