Advancing Skills-Based Hiring Act of 2025

Key Points

• Employers could choose to send their hiring tests to the Equal Employment Opportunity Commission to check if they match the job and are needed for the business.
• The EEOC would review the evidence behind a test and either approve it or explain what’s missing and how the employer could fix it.
• Big employers (over 100 workers) would have to pay a fee for the EEOC’s review, meant to cover the agency’s costs.
• If the EEOC approves a test, the employer could use that approval as a legal “safe harbor” to help defend the test if it’s later challenged.
• What employers share with the EEOC—and the EEOC’s help back—generally can’t be used against the employer in enforcement or in court without the employer’s okay.