S. Amir Kohan

Uniform Guidelines on Employee Selection Procedures (1976)

This set of regulations is often overlooked by employers and HR professionals alike. Details can be found in 41 C.F.R. 60-3. For covered employers with 15 or more people on the payroll, this set of requirements is essential in preventing claims of discrimination.

There are two types of illegal employment discrimination: disparate adverse treatment and adverse or disparate impact. The latter almost always results from seemingly neutral policies having a statistically adverse impact on a specific group of people. To avoid illegal discrimination, the guidelines require that all steps in a hiring decision be validated for application to the job being filled. The validity of a selection device can be determined through a validity study or by applying a job analysis to demonstrate the specific relationship between the selection device and the job requirements. Selection devices include things like a written test, an oral test, an interview, a requirement to write something for consideration, and a physical ability test.

Employers can get into trouble when they use selection tools that have not been validated for their specific applications. For example, buying a clerical test battery of written tests and using it to make selection decisions for administrative assistants as well as general office clerks may not be supportable. Only a validity analysis will tell for sure.

What specific validation studies have been done for the test battery by the publisher?

Any publisher should be able to provide you with a copy of the validation study showing how the test is supposed to be used and the specific skills, knowledge, or abilities that are analyzed when using it. If you can’t prove the test measures things required by your job content, don’t use the test. According to the Uniform Guidelines, “While publishers of selection procedures have a professional obligation to provide evidence of validity which meets generally accepted professional standards, users are cautioned that they are responsible for compliance with these guidelines.”14 That means the employer, not the test publisher, is liable for the results. For more information, see www.eeoc.gov/policy/docs/factemployment_procedures.html.

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