Uniform Guidelines on Employee Selection

• Uniform Framework for employment decisions -- apply only to selection procedures for employment decisions

• Discrimination -- use of selection procedure with adverse impact on protected group -- unless procedure validated

• Adverse Impact defined -- 4/5th’s Rule

Adverse Impact - S. 4(D)

• 4/5th’s Rule• Smaller differences may be

adverse impact where statistically significant

• failure to maintain data on impact may be used to draw inference of adverse impact

• “Bottom Line” -- if aspects of selection process have impact, but overall process doesn’t -- up to discretion of enforcement agency

Validity Studies - S. 5

• Criterion Related Validity Study: empirical data shows procedure is predictive of important elements of job performance

• Content Related Validity Study: shows selection procedure is representative sample of important aspects of job performance

• Construct Related Validity Study: show procedure measures characteristics important for job performance

Criterion Related Validity Studies -

S. 14(B)• Demonstration by empirical data

showing procedure is predictive of important elements of job performance

• job analysis -- work behavior relevant to job performance

• criterion measures represent critical work behavior

• show statistical relationship btwn. scores and criterion measures

• study sample representative of job candidates

• paper & pencil tests

Content Related Validity Studies -

S. 14(C)• Show content of procedure is

representative of important aspects of job performance

• is it appropriate for use for job in question -- not for selection based on mental process, or involves knowledge or skills to be learned on job

• job analysis -- work behavior for successful job performance

• behavior selected must represent behavior for job (operational definition of skills)

Construct Related Validity Studies -

S. 14(D)• show procedure measures

degree to which candidates have identifiable constructs determined to be important for job performance

• job analysis -- show work behavior and traits (constructs) underlying success job performance

• identify selection process which measures constructs

Documentation of Validity & Impact -

S. 15• Maintain information for each job

and impact of selection process• If adverse impact, maintain

evidence of validity of selection process (simplified process for <100 employees)

• annual determination of impact on groups of 2% or more in laborforce or labor market

• maintain evidence of validity studies where adverse impact