34-46-102. Definitions.
As used in this chapter:
(1) "Applicant" means an individual that provides information to an employer for the
purpose of obtaining employment.
(2) "Division" means the Labor Commission's Division of Antidiscrimination and Labor.
(3) "Employer" means a person employing 15 or more employees within the state for
each working day in each of 20 calendar weeks or more in the current or preceding calendar year.
(4) "Employment selection process" means the process by which an employer selects an
individual to be an employee for the employer.
(5) "Employment test" means a structured, systematic instrument used to assess an
applicant's personality or behavior in a specific circumstance, such as a personality test.
(6) "Initial selection process" means the receipt of information in a record from an
applicant that the employer uses to determine whether the applicant will be considered for a
second review for the position for which the applicant is applying.
(7) "Record" means information that is:
(a) inscribed on a tangible medium; or
(b) (i) received or stored in an electronic or other medium; and
(ii) retrievable in perceivable form.
Enacted by Chapter 174, 2009 General Session
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Last revised: Thursday, May 28, 2009