The following definitions shall apply throughout these guidelines:
A. Ability. A present competence to perform an observable behavior
or a behavior which results in an observable product.
B. Adverse impact. A substantially different rate of selection in
hiring, promotion, or other employment decision which works to the
disadvantage of members of a race, sex, or ethnic group. See section 4
of these guidelines.
C. Compliance with these guidelines. Use of a selection procedure is
in compliance with these guidelines if such use has been validated in
accord with these guidelines (as defined below), or if such use does not
result in adverse impact on any race, sex, or ethnic group (see section
4, of this part), or, in unusual circumstances, if use of the procedure
is otherwise justified in accord with Federal law. See section 6B, of
this part.
D. Content validity. Demonstrated by data showing that the content
of a selection procedure is representative of important aspects of
performance on the job. See section 5B and section 14C.
E. Construct validity. Demonstrated by data showing that the
selection procedure measures the degree to which candidates have
identifiable characteristics which have been determined to be important
for successful job performance. See section 5B and section 14D.
F. Criterion-related validity. Demonstrated by empirical data
showing that the selection procedure is predictive of or significantly
correlated with important elements of work behavior. See sections 5B and
14B.
G. Employer. Any employer subject to the provisions of the Civil
Rights Act of 1964, as amended, including State or local governments and
any Federal agency subject to the provisions of section 717 of the Civil
Rights Act of 1964, as amended, and any Federal contractor or
subcontractor or federally assisted construction contractor or
subcontactor covered by Executive Order 11246, as amended.
H. Employment agency. Any employment agency subject to the
provisions of the Civil Rights Act of 1964, as amended.
I. Enforcement action. For the purposes of section 4 a proceeding by
a Federal enforcement agency such as a lawsuit or an administrative
proceeding leading to debarment from or withholding, suspension, or
termination of Federal Government contracts or the suspension or
withholding of Federal Government funds; but not a finding of reasonable
cause or a concil- ation process or the issuance of right to sue letters
under title VII or under Executive Order 11246 where such finding,
conciliation, or issuance of notice of right to sue is based upon an
individual complaint.
J. Enforcement agency. Any agency of the executive branch of the
Federal Government which adopts these guidelines for purposes of the
enforcement of the equal employment opportunity laws or which has
responsibility for securing compliance with them.
K. Job analysis. A detailed statement of work behaviors and other
information relevant to the job.
L. Job description. A general statement of job duties and
responsibilities.
M. Knowledge. A body of information applied directly to the
performance of a function.
N. Labor organization. Any labor organization subject to the
provisions of the Civil Rights Act of 1964, as amended, and any
committee subject thereto controlling apprenticeship or other training.
O. Observable. Able to be seen, heard, or otherwise perceived by a
person other than the person performing the action.
P. Race, sex, or ethnic group. Any group of persons identifiable on
the grounds of race, color, religion, sex, or national origin.
Q. Selection procedure. Any measure, combination of measures, or
procedure used as a basis for any employment decision. Selection
procedures include the full range of assessment techniques from
traditional paper and pencil tests, performance tests, training
programs, or probationary periods and physical, educational, and work
experience requirements through informal or casual interviews and
unscored application forms.
R. Selection rate. The proportion of applicants or candidates who
are hired, promoted, or otherwise selected.
S. Should. The term ``should'' as used in these guidelines is
intended to connote action which is necessary to achieve compliance with
the guidelines, while recognizing that there are circumstances where
alternative courses of action are open to users.
T. Skill. A present, observable competence to perform a learned
psychomoter act.
U. Technical feasibility. The exist- ence of conditions permitting
the conduct of meaningful criterion-related validity studies. These
conditions include: (1) An adequate sample of persons available for the
study to achieve findings of statistical significance; (2) having or
being able to obtain a sufficient range of scores on the selection
procedure and job performance measures to produce validity results which
can be expected to be representative of the results if the ranges
normally expected were utilized; and (3) having or being able to devise
unbiased, reliable and relevant measures of job performance or other
criteria of employee adequacy. See section 14B(2). With respect to
investigation of possible unfairness, the same considerations are
applicable to each group for which the study is made. See section
14B(8).
V. Unfairness of selection procedure. A condition in which members
of one race, sex, or ethnic group characteristically obtain lower scores
on a selection procedure than members of another group, and the
differences are not reflected in differences in measures of job
performance. See section 14B(7).
W. User. Any employer, labor organization, employment agency, or
licensing or certification board, to the extent it may be covered by
Federal equal employment opportunity law, which uses a selection
procedure as a basis for any employment decision. Whenever an employer,
labor organization, or employment agency is required by law to restrict
recruitment for any occupation to those applicants who have met
licensing or certification requirements, the licensing or certifying
authority to the extent it may be covered by Federal equal employment
opportunity law will be considered the user with respect to those
licensing or certification requirements. Whenever a State employment
agency or service does no more than administer or monitor a procedure as
permitted by Department of Labor regulations, and does so without making
referrals or taking any other action on the basis of the results, the
State employment agency will not be deemed to be a user.
X. Validated in accord with these guidelines or properly validated.
A demonstration that one or more validity study or studies meeting the
standards of these guidelines has been conducted, including
investigation and, where appropriate, use of suitable alternative
selection procedures as contemplated by section 3B, and has produced
evidence of validity sufficient to warrant use of the procedure for the
intended purpose under the standards of these guidelines.
Y. Work behavior. An activity performed to achieve the objectives of
the job. Work behaviors involve observable (physical) components and
unobservable (mental) components. A work behavior consists of the
performance of one or more tasks. Knowledges, skills, and abilities are
not behaviors, although they may be applied in work behaviors.
