24 C.F.R. § 8.12
§ 8.12 Employment criteria. (24 CFR Part 8)
Operative Text
(a) A recipient may not use any employment test or other selection criterion that screens out or tends to screen out individuals with handicaps or any class of individuals with handicaps unless: (1) The recipient demonstrates that the test score or other selection criterion, as used by the recipient, is job-related for the position in question; and (2) The appropriate HUD official demonstrates that alternative job-related tests or criteria that tend to screen out fewer individuals with handicaps are unavailable. (b) A recipient shall select and administer tests concerning employment to ensure that, when administered to an applicant or employee who has a handicap that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than the applicant's or employee's impaired sensory, manual, or speaking skills (except where those skills are the factors that the test purports to measure).
Under 24 CFR Part 8 § 8.12, federally assisted program recipients are prohibited from using employment tests or selection criteria that screen out—or tend to screen out—people with disabilities, unless the criterion is demonstrably job-related and no less-exclusionary alternative exists. Additionally, when a test is administered to someone whose disability affects sensory, manual, or speaking abilities, the testing process must be structured so that results reflect the candidate's actual job-relevant skills rather than the limitations caused by their disability. The rule creates a two-part framework: a substantive limit on which criteria can be used, and a procedural requirement for how tests must be delivered.
Plain English — not legal advice.
Recipients of HUD assistance who act as employers—including housing authorities and other covered entities—generally review their hiring criteria under 24 CFR Part 8 § 8.12 to confirm that any test or selection standard is documented as job-related for each specific position. Compliant operators also arrange testing accommodations for applicants or employees whose disabilities affect sensory, manual, or speaking functions, so that scores reflect relevant job competencies rather than the disability itself. Maintaining records of job-relatedness analyses and accommodation procedures is a common practice among operators seeking to demonstrate compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are an applicant or employee of a HUD-assisted program and believe an employment test or selection criterion unfairly screened you out because of a disability, 24 CFR Part 8 § 8.12 provides a potential basis for challenging that practice. You may have the option of raising a violation of this provision as part of a complaint filed with HUD's Office of Fair Housing and Equal Opportunity, or through other administrative channels available under the recipient's grievance procedures. Tenant-rights organizations and disability-rights advocacy groups can help you understand what documentation or steps are generally associated with pursuing such a claim.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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