[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1607.3]

[Page 212-213]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1607_UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978)
--Table of Contents
 
Sec.  1607.3  Discrimination defined: Relationship between use of 
selection procedures and discrimination.

    A. Procedure having adverse impact constitutes discrimination unless 
justified. The use of any selection procedure which has an adverse 
impact on the hiring, promotion, or other employment or membership 
opportunities of members of any race, sex, or ethnic group will be 
considered to be discriminatory and inconsistent with these guidelines, 
unless the procedure has been validated in accordance with these 
guidelines, or the provisions of section 6 below are satisfied.
    B. Consideration of suitable alternative selection procedures. Where 
two or more selection procedures are available which serve the user's 
legitimate interest in efficient and trustworthy workmanship, and which 
are substantially equally valid for a given purpose, the user should use 
the procedure which has been demonstrated to have the lesser adverse 
impact. Accordingly, whenever a validity study is called for by these 
guidelines, the user should include, as a part of the validity study, an 
investigation of suitable alternative selection procedures and suitable 
alternative methods of using the selection

[[Page 213]]

procedure which have as little adverse impact as possible, to determine 
the appropriateness of using or validating them in accord with these 
guidelines. If a user has made a reasonable effort to become aware of 
such alternative procedures and validity has been demonstrated in accord 
with these guidelines, the use of the test or other selection procedure 
may continue until such time as it should reasonably be reviewed for 
currency. Whenever the user is shown an alternative selection procedure 
with evidence of less adverse impact and substantial evidence of 
validity for the same job in similar circumstances, the user should 
investigate it to determine the appropriateness of using or validating 
it in accord with these guidelines. This subsection is not intended to 
preclude the combination of procedures into a significantly more valid 
procedure, if the use of such a combination has been shown to be in 
compliance with the guidelines.