[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1607.11]

[Page 207-208]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1607--UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978)--Table 
of Contents
 
Sec. 1607.11  Disparate treatment.

    The principles of disparate or unequal treatment must be 
distinguished from the concepts of validation. A selection procedure--
even though validated against job performance in accordance with these 
guidelines--cannot be imposed upon members of a race, sex, or ethnic 
group where other employees, applicants, or members have not been 
subjected to that standard. Disparate treatment occurs where members of 
a race, sex, or ethnic group have been denied the same employment, 
promotion, membership, or other employment opportunities as have been 
available to other employees or applicants. Those employees or 
applicants who have been denied equal treatment, because of prior 
discriminatory practices or policies, must at least be afforded the same 
opportunities as had existed for other employees or applicants during 
the period of discrimination. Thus, the persons who were in

[[Page 208]]

the class of persons discriminated against during the period the user 
followed the discriminatory practices should be allowed the opportunity 
to qualify under less stringent selection procedures previously 
followed, unless the user demonstrates that the increased standards are 
required by business necessity. This section does not prohibit a user 
who has not previously followed merit standards from adopting merit 
standards which are in compliance with these guidelines; nor does it 
preclude a user who has previously used invalid or unvalidated selection 
procedures from developing and using procedures which are in accord with 
these guidelines.