It is illegal for an employer to make decisions about job assignments and promotions based on an employee's race, color, religion, sex (including pregnancy), gender identity, sexual orientation, national origin, age, disability or genetic information. For example, an employer may not give preference to employees of a certain race when making shift assignments and may not segregate employees of a particular national origin from other employees or from customers.
An employer may not base assignment and promotion decisions on stereotypes and assumptions about a person's race, color, religion, sex (including pregnancy), gender identity, sexual orientation, national origin, age, disability or genetic information. If an employer requires employees to take a test before making decisions about assignments or promotions, the test may not exclude people of a particular race, color, religion, sex (including pregnancy), gender identity, sexual orientation, or national origin, or individuals with disabilities, unless the employer can show that the test is necessary and related to the job.