Uniform Guidelines on Employee Selection Procedures (1976)

This set of regulations is often overlooked by employers and HR professionals alike. Details can be found in 41 C.F.R. 60-3. For covered employers with 15 or more people on the payroll, this set of requirements is essential in preventing claims of discrimination.

There are two types of illegal employment discrimination: disparate adverse treatment and adverse or disparate impact. The latter almost always results from seemingly neutral policies having a statistically adverse impact on a specific group of people. To avoid illegal discrimination, the guidelines require that all steps in a hiring decision be validated for application to the job being filled. The validity of a selection device can be determined through a validity study or by applying a job analysis to demonstrate the specific relationship between the selection device and the job requirements. Selection devices include things like a written test, an oral test, an interview, a requirement to write something for consideration, and a physical ability test.

Employers can get into trouble when they use selection tools that have not been validated for their specific applications. For example, buying a clerical test battery of written tests and using it to make selection decisions for administrative assistants as well as general office clerks may not be supportable. Only a validity analysis will tell for sure.

What specific validation studies have been done for the test battery by the publisher?

Any publisher should be able to provide you with a copy of the validation study showing how the test is supposed to be used and the specific skills, knowledge, or abilities that are analyzed when using it. If you can’t prove the test measures things required by your job content, don’t use the test. According to the Uniform Guidelines, “While publishers of selection procedures have a professional obligation to provide evidence of validity which meets generally accepted professional standards, users are cautioned that they are responsible for compliance with these guidelines.”14 That means the employer, not the test publisher, is liable for the results. For more information, see www.eeoc.gov/policy/docs/factemployment_procedures.html.

Tags
Sharam Kohan
Sharam Kohan

Sharam Kohan: Biography

Sharam Kohan is a seasoned professional with an extensive background in law, human relations, and organizational leadership. Currently a degree candidate for an LLM at UC Berkeley Law, Sharam brings a unique blend of legal education, hands-on experience, and a deep commitment to social justice and human rights.

With a career that spans diverse sectors, Sharam's expertise extends far beyond the classroom. He has served as a Human Relations Commissioner, contributing his leadership to Alameda County’s Human Relations Commission, where he worked on initiatives to improve community relations and promote equity. His dedication to social change is also evident in his philanthropic efforts as a donor to organizations like FACES SF, which provides vital resources and support to the Bay Area’s underserved communities.

An advocate for labor and employment rights, Sharam holds a specialization in Employment Law from Temple University School of Law, which has furthered his ability to navigate complex legal frameworks. His professional journey includes leadership roles across human resources and operations, where he has honed his ability to manage teams, shape organizational culture, and implement effective strategies that drive success. He also holds SHRM certification, further solidifying his expertise in human resources management.

As a writer and thought leader, Sharam has authored multiple works that delve into complex philosophical and legal topics. His books, Judgment, a Priori Itself and Sartre’s Conception of Freedom, explore the intersections of law, philosophy, and human freedom, blending his academic background with a passion for intellectual inquiry. These works have garnered attention for their thoughtful analysis and exploration of complex ideas, establishing Sharam as a respected voice in both legal and philosophical circles.

Though not a traditional legal scholar, Sharam’s interdisciplinary approach to understanding law and society has made him a sought-after commentator on topics ranging from legal theory to organizational dynamics. His writing can be found on various platforms, including his blog at Harvard, where he shares insights on law, politics, and social issues.

Sharam Kohan is a dynamic and forward-thinking professional with the knowledge, experience, and passion to contribute meaningfully to the legal, social, and business landscapes.

For more on Sharam Kohan’s work, visit his blog at archive.blogs.harvard.edu/kohan and his author pages on Amazon, including Judgment, a Priori Itself and Sartre's Conception of Freedom.

Articles: 222

Related Posts