[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-3.10]

[Page 126-127]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-3_UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978)
--Table of Contents
 
Sec. 60-3.10  Employment agencies and employment services.

    A. Where selection procedures are devised by agency. An employment 
agency, including private employment agencies and State employment 
agencies, which agrees to a request by an employer or labor organization 
to devise and utilize a selection procedure

[[Page 127]]

should follow the standards in these guidelines for determining adverse 
impact. If adverse impact exists the agency should comply with these 
guidelines. An employment agency is not relieved of its obligation 
herein because the user did not request such validation or has requested 
the use of some lesser standard of validation than is provided in these 
guidelines. The use of an employment agency does not relieve an employer 
or labor organization or other user of its responsibilities under 
Federal law to provide equal employment opportunity or its obligations 
as a user under these guidelines.
    B. Where selection procedures are devised elsewhere. Where an 
employment agency or service is requested to administer a selection 
procedure which has been devised elsewhere and to make referrals 
pursuant to the results, the employment agency or service should 
maintain and have available evidence of the impact of the selection and 
referral procedures which it administers. If adverse impact results the 
agency or service should comply with these guidelines. If the agency or 
service seeks to comply with these guidelines by reliance upon validity 
studies or other data in the possession of the employer, it should 
obtain and have available such information.