The Advancing Skills-Based Hiring Act of 2025 would create a voluntary compliance assistance program at the Equal Employment Opportunity Commission (EEOC) for employers that use, or plan to use, employment tests and other selection procedures. Employers could voluntarily submit validity evidence for EEOC review and ask for a determination that the assessment is job-related and consistent with business necessity under Title VII of the Civil Rights Act of 1964. The bill identifies several types of validation evidence that may be submitted, including criterion-related, content, construct, and transportability studies.
If the EEOC determines the employer’s assessment meets the statutory standard, that determination could serve as a safe harbor to help the employer satisfy its burden of proof under Title VII. The bill also requires the EEOC to provide technical assistance when it cannot make that determination, including guidance on what changes would be needed. Employers with more than 100 employees would pay a reasonable fee to cover the cost of review, and the submitted materials, along with related technical assistance, could not be used against the employer in future enforcement actions or admitted in court without the employer’s consent.
Impact
The bill would not directly rewrite Title VII, but it would add a new EEOC review and technical-assistance process tied to the existing Title VII standard for employment tests and selection procedures. It would affect employers that use competency-based assessments, aptitude tests, and other hiring screens, especially larger employers subject to the fee requirement. It would also expand the EEOC’s administrative role by requiring the agency to review voluntary submissions, issue determinations, and provide education on validation methods and skills-based hiring.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the overall tone appears supportive of skills-based hiring and employer compliance assistance. The bill is framed as a voluntary, pro-employer measure intended to reduce uncertainty and encourage lawful use of hiring tests. There is no recorded opposition in the provided materials, but the structure of the bill suggests it is designed to appeal to employers seeking clearer guidance while preserving civil rights protections.
Contention
The main potential point of contention is the balance between easing employer compliance and protecting against discriminatory hiring practices. Supporters are likely to emphasize that the bill promotes skills-based hiring, gives employers a pathway to validate tests in advance, and reduces litigation risk through a safe harbor. Critics could be concerned that the bill may encourage broader use of employment tests, potentially affecting protected groups if validation is weak or if adverse impact is not fully addressed. Another possible issue is the fee and administrative burden on larger employers, though the process is voluntary and includes confidentiality protections.