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)