29 CFR 1607.9 : Labor (§ 0.735-1 To Parts 4908-4999) — (Part 900 To Parts 1692-1699) — Regulations Relating To Labor (Continued) (Part 900 To Parts 1692-1699) — Equal Employment Opportunity Commission (§ 1600.101 To Parts 1692-1699) — Uniform Guidelines On Employee Selection Procedures (1978) (§ 1607.1 To § 1607.18) — General Principles (§ 1607.1 To § 1607.13) — No assumption of validity.

4 Aug 2016

A. Unacceptable substitutes for evidence of validity. Under no circumstances will the general reputation of a test or other selection procedures, its author or its publisher, or casual reports of its validity be accepted in lieu of evidence of validity. Specifically ruled out are: assumptions of validity based on a procedure's name or descriptive labels; all forms of promotional literature; data bearing on the frequency of a procedure's usage; testimonial statements and credentials of sellers, users, or consultants; and other nonempirical or anecdotal accounts of selection practices or selection outcomes.

B. Encouragement of professional supervision. Professional supervision of selection activities is encouraged but is not a substitute for documented evidence of validity. The enforcement agencies will take into account the fact that a thorough job analysis was conducted and that careful development and use of a selection procedure in accordance with professional standards enhance the probability that the selection procedure is valid for the job.

29 CFR 1607.9