Accurately measure the applicant's aptitude, achievement level, or whatever factors
they purport to measure rather than reflecting the applicant's impaired sensory, manual,
or speaking skills, except when those skills are the factors that the tests purport
to measure.
(6)
An employer, employment agency or labor organization from limiting receipt of benefits
payable under a fringe benefit plan for disabilities to that period of time which
a licensed physician reasonably determines a person is unable to work.
(7)
An employer, employment agency or labor organization from providing special safety
considerations for pregnant women involved in tasks which are potentially hazardous
to the health of the unborn child, as determined by medical criteria.
(8)
Justice-impacted status.
a.
Any adverse decision by an employer, employment agency, or labor organization based
on justice-impacted status where such a decision was reasonably based on the relationship
of the underlying conduct of the criminal history or record to the ability, capacity,
and fitness required to perform the duties and discharge the responsibilities of the
position of employment or occupation, considering the following factors:
1.
Whether the individual was convicted of the offense;
2.
The length of time since the alleged offense or conviction;
3.
The nature and gravity of the crime(s);
4.
The age of the employee at the time the crime(s) was committed;
5.
Any evidence of rehabilitation efforts offered in support of the employee; and
6.
Any unreasonable risk to property or to the safety or welfare of specific individuals
or the general public.
b.