Congress Would Let Employers Ask EEOC to Pre-Review Hiring Tests, With Legal Safe Harbor
Also known as: Advancing Skills-Based Hiring Act of 2025
Legislative Progress
Impacts
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.
Milestones
Referred to the House Committee on Education and Workforce.
Introduced in House
What Happens Next
Projected impacts based on AI analysis
EEOC launches the voluntary submission-and-review process for hiring tests and selection tools.
Employers can start sending in evidence about their hiring tests and ask the EEOC for a determination that the test fits the job. Job seekers may start seeing more standardized tests in hiring at participating employers.
EEOC publishes what “validity evidence” employers should submit (examples include studies showing a test predicts job performance).
Employers and test vendors will have a clearer checklist of what documents and studies to gather before asking for an EEOC review.
EEOC begins providing expanded education and technical assistance about designing and validating hiring tests.
HR teams may get trainings, templates, or guidance that could reduce accidental use of low-quality or unfair tests, depending on how widely it’s used.
Source Information
Document Type
Congressional Bill
Official Title
Advancing Skills-Based Hiring Act of 2025
Sponsor
Data Sources
Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.