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The Uniform Guidelines on Employee Selection Procedures (Guidelines) were published in August 1978 as the result of a joint effort involving the governmental organizations responsible for enforcing equal employment opportunity laws: the Equal Employment Opportunity Commission (EEOC), Department of Labor (including the Office of Federal Contract Compliance Programs [OFCCP]), Civil Service Commission, and Department of Justice. The Guidelines define discrimination in the context of employment selection procedures, which include tests, interviews, simulations, minimum requirements, or other tools used to make employment decisions. The Guidelines outline the validity and adverse impact evidence that the enforcement agencies would consider when evaluating a discrimination claim under Title VII of the Civil Rights Act of 1964, and Executive Order 11246. The Guidelines apply to all public and private employers covered by these two laws.

This review provides an overview of the Guidelines, including their purpose, major topics covered and not covered, and conclusions and implications. This review should not be construed as legal advice or a recommended interpretation of the Guidelines. Although this review takes into account some of the developments occurring since the original 1978 publication date, a comprehensive summary of such developments is not possible. In addition, certain topics that are no longer relevant or that the Guidelines address only tangentially have been excluded from this review. A Further Reading section is provided listing sources for more detail about topics within the Guidelines and for information about relevant events occurring since the Guidelines' publication.

Purpose

The stated purpose of the Guidelines is to codify a single set of standards to aid organizations in complying with federal laws prohibiting employment discrimination based on race, sex, or ethnicity. They are designed to provide a framework for determining the proper use of employment selection procedures. The Guidelines are not designed to apply to other forms of discrimination (e.g., age-based, disability-based).

Topics Covered by the Guidelines

Definition and Documentation of Adverse Impact

The Guidelines define discrimination as an employer's use of a selection procedure that has an adverse impact on members of any race, sex, or ethnic group. Discrimination in this form would require an employer to produce appropriate validation evidence. That is, validation evidence, although valuable for other purposes, is not required by the Guidelines if adverse impact does not exist. The Guidelines also advocate reasonable efforts to consider adverse impact while comparing alternative selection procedures that are of approximately equal validity.

The Guidelines recommend that employers collect and retain documentation regarding selection procedures' impact on different race, sex, and ethnicity groups. Federal enforcement organizations (e.g., EEOC, OFCCP) provide current guidance about specific methods for gathering this information. The Guidelines also introduce the four-fifths rule of thumb regarding adverse impact. Under this rule, adverse impact exists if the selection rate for a particular race, sex, or ethnic group is less than 80% that of the group with the highest selection rate.

General Standards for Validity Studies

The Guidelines espouse a three-component model of validity: criterion-related, content, and construct. More recent documents such as the 2003 Principles for the Validation and Use of Personnel Selection Procedures (Principles) and the 1999 Standards for Educational and Psychological Testing (Standards) instead view validity as a unitary concept incorporating numerous sources of evidence to justify interpretation of a selection procedure's results. Despite this discrepancy, most of the Guidelines' standards for validity studies retain relevance and are reviewed in the following text.

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