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Need for uniformity- Issuing agencies. The Federal government's need for a uniform set of principles on the question of the use of tests and other selection procedures has long been recognized.
The Equal Employment Opportunity Commission, the Civil Service Commission, the Department of Labor, and the Department of Justice jointly have adopted these uniform guidelines to meet that need, and to apply the same principles to the Federal Government as are applied to other employers.
These guidelines incorporate a single set of principles which are designed to assist employers, labor organizations, employment agencies, and licensing and certification boards to comply with requirements of Federal law prohibiting employment practices which discriminate on grounds of race, color, religion, sex, and national origin.
They are designed to provide a framework for determining the proper use of tests and other selection procedures. These guidelines do not require a user to conduct validity studies of selection procedures where no adverse impact results.
However, all users are encouraged to use selection procedures which are valid, especially users operating under merit principles. Relation to prior guidelines. These guidelines are based upon and supersede previously issued guidelines on employee selection procedures. These guidelines have been built upon court decisions, the previously issued guidelines of the agencies, and the practical experience of the agencies, as well as the standards of the psychological profession.
These guidelines are intended to be consistent with existing law. These guidelines apply to tests and other selection procedures which are used as a basis for any employment decision.
Employment decisions include but are not limited to hiring, promotion, demotion, membership for example, in a labor organizationreferral, retention, and licensing and certification, to the extent that licensing and certification may be covered by Federal equal employment opportunity law.
Other selection decisions, such as selection for training or transfer, may also be considered employment decisions if they lead to any of the decisions listed Hispanic culture impact of traditional methods.
These guidelines apply only to selection procedures which are used as a basis for making employment decisions. For example, the use of recruiting procedures designed to attract members of a particular race, sex, or ethnic group, which were previously denied employment opportunities or which are currently underutilized, may be necessary to bring an employer into compliance with Federal law, and is frequently an essential element of any effective affirmative action program; but recruitment practices are not considered by these guidelines to be selection procedures.
Similarly, these guidelines do not pertain to the question of the lawfulness of a seniority system within the meaning of section hExecutive Order or other provisions of Federal law or regulation, except to the extent that such systems utilize selection procedures to determine qualifications or abilities to perform the job.
Nothing in these guidelines is intended or should be interpreted as discouraging the use of a selection procedure for the purpose of determining qualifications or for the purpose of selection on the basis of relative qualifications, if the selection procedure had been validated in accord with these guidelines for each such purpose for which it is to be used.
These guidelines apply only to persons subject to Title VII, Executive Order, or other equal employment opportunity requirements of Federal law. These guidelines do not apply to responsibilities under the Age Discrimination in Employment Act ofas amended, not to discriminate on the basis of age, or under sections, and of the Rehabilitation Act ofnot to discriminate on the basis of handicap.
Indian preference not affected. These guidelines do not restrict any obligation imposed or right granted by Federal law to users to extend a preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation.
Relationship between use of selection procedures and discrimination. 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 of this part are satisfied.
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 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.
Information on impact A. Each user should maintain and have available for inspection records or other information which will disclose the impact which its tests and other selection procedures have upon employment opportunities of persons by identifiable race, sex, or ethnic group as set forth in subparagraph B of this section in order to determine compliance with these guidelines.
Where there are large numbers of applicants and procedures are administered frequently, such information may be retained on a sample basis, provided that the sample is appropriate in terms of the applicant population and adequate in size.
Applicable race, sex, and ethnic groups for record keeping. The records called for by this section are to be maintained by sex, and the following races and ethnic groups: The user should adopt safeguards to insure that the records required by this paragraph are used for appropriate purposes such as determining adverse impact, or where required for developing and monitoring affirmative action programs, and that such records are not used improperly.
See sections 4E and 17 4of this part. Evaluation of selection rates. If this information shows that the total selection process does not have an adverse impact, the Federal enforcement agencies, in the exercise of their administrative and prosecutorial discretion, in usual circumstances, will not expect a user to evaluate the individual components for adverse impact, or to validate such individual components, and will not take enforcement action based upon adverse impact of any component of that process, including the separate parts of a multipart selection procedure or any separate procedure that is used as an alternative method of selection.
However, in the following circumstances the Federal enforcement agencies will expect a user to evaluate the individual components for adverse impact and may, where appropriate, take enforcement action with respect to the individual components: In unusual circumstances, other than those listed in paragraphs 1 and 2 of this section, the Federal enforcement agencies may request a user to evaluate the individual components for adverse impact and may, where appropriate, take enforcement action with respect to the individual component.
Adverse impact and the "four-fifths rule. Smaller differences in selection rate may nevertheless constitute adverse impact, where they are significant in both statistical and practical terms or where a user's actions have discouraged applicants disproportionately on grounds of race, sex, or ethnic group.Communicating with Hispanic/Latinos Culture is a learned system of knowledge, behaviors, attitudes, beliefs, values, and norms that is shared by a group of people (Smith, ).
Document, Discover and Interoperate. The Data Documentation Initiative (DDI) is an international standard for describing the data produced by surveys and other observational methods in the social, behavioral, economic, and health sciences.
[page 3] Foreword by the Secretary of State. This, the first White Paper of the new Government, is as much about equipping the people of this country for the challenge of the future as it is about the Government's core commitment to equality of opportunity and high standards for all.
CS Cultural Insights Communicating with Hispanics/Latinos Culture is a learned system of knowledge, behaviors, attitudes, beliefs, values, and norms that is shared by. a group of people (Smith, ). In the broadest sense, culture includes how people think, what they do, and.
Somos Primos. JULY, Editor: Mimi Lozano © Dedicated to Hispanic Heritage and Diversity Issues Society of Hispanic Historical and Ancestral Research. Monday 18 June, Being Careful, North Korea and Culture Wars.