ERIC Number: ED203431
Record Type: RIE
Publication Date: 1981
Reference Count: N/A
Legal Aspects of Employment Testing.
Shulman, Bernard H.
Chapter 10 of a book on school law reviews court rulings on the use of tests and testing procedures for employment purposes. Title VII of the Civil Rights Act of 1964 contains a section authorizing the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. The courts have held management responsible for the proper construction, administration, evaluation, and application of tests, once the decision to test has been made. The courts question management's understanding of test procedures in determining whether any given test can be successfully challenged. The test must be based on acceptable test theory and be related to performance. Often a misuse of test terminology can signal to the court that the test cannot do what is expected. An Equal Employment Opportunity Commission publication "Guidelines on Employment Testing Procedures" seeks to define for employers the scope of the law. (Author/MLF)
Descriptors: Court Litigation, Culture Fair Tests, Employment Qualifications, Equal Opportunities (Jobs), Teacher Qualifications, Test Construction, Test Validity, Testing
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Civil Rights Act 1964 Title VII
Note: Chapter 10 of "School Law for a New Decade" (EA 013 472). For related documents, see EA 013 472-493.