Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter II : Prohibition of Unfair Discrimination

8. Psychological testing and other similar assessments
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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]