[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1607.10]

[Page 217-218]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1607_UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES
(1978)--Table of Contents
 
Sec.  1607.10  Employment agencies and employment services.

    A. Where selection procedures are devised by agency. An employment 
agency, including private employment

[[Page 218]]

agencies and State employment agencies, which agrees to a request by an 
employer or labor organization to device and utilize a selection 
procedure 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.