A. Use of alternate selection procedures to eliminate adverse
impact. A user may choose to utilize alternative selection procedures in
order to eliminate adverse impact or as part of an affirmative action
program. See section 13 of this part. Such alternative procedures should
eliminate the adverse impact in the total selection process, should be
lawful and should be as job related as possible.
B. Where validity studies cannot or need not be performed. There are
circumstances in which a user cannot or need not utilize the validation
techniques contemplated by these guidelines. In such circumstances, the
user should utilize selection procedures which are as job related as
possible and which will minimize or eliminate adverse impact, as set
forth below.
(1) Where informal or unscored procedures are used. When an informal
or unscored selection procedure which has an adverse impact is utilized,
the user should eliminate the adverse impact, or modify the procedure to
one which is a formal, scored or quantified measure or combination of
measures and then validate the procedure in accord with these
guidelines, or otherwise justify continued use of the procedure in
accord with Federal law.
(2) Where formal and scored procedures are used. When a formal and
scored selection procedure is used which has an adverse impact, the
validation techniques contemplated by these guidelines usually should be
followed if technically feasible. Where the user cannot or need not
follow the validation techniques anticipated by these guidelines, the
user should either modify the procedure to eliminate adverse impact or
otherwise justify continued use of the procedure in accord with Federal
law.
