A. Validity studies not conducted by the user. Users may, under
certain circumstances, support the use of selection procedures by
validity studies conducted by other users or conducted by test
publishers or distributors and described in test manuals. While
publishers of selection procedures have a professional obligation to
provide evidence of validity which meets generally accepted professional
standards (see section 5C of this part), users are cautioned that they
are responsible for compliance with these guidelines. Accordingly, users
seeking to obtain selection procedures from publishers and distributors
should be careful to determine that, in the event the user becomes
subject to the validity requirements of these guidelines, the necessary
information to support validity has been determined and will be made
available to the user.
B. Use of criterion-related validity evidence from other sources.
Criterion-related validity studies conducted by one test user, or
described in test manuals and the professional literature, will be
considered acceptable for use by another user when the following
requirements are met:
(1) Validity evidence. Evidence from the available studies meeting
the standards of section 14B of this part clearly demonstrates that the
selection procedure is valid;
(2) Job similarity. The incumbents in the user's job and the
incumbents in the job or group of jobs on which the validity study was
conducted perform substantially the same major work behaviors, as shown
by appropriate job analyses both on the job or group of jobs on which
the validity study was performed and on the job for which the selection
procedure is to be used; and
(3) Fairness evidence. The studies include a study of test fairness
for each race, sex, and ethnic group which constitutes a significant
factor in the borrowing user's relevant labor market for the job or jobs
in question. If the studies under consideration satisfy paragraphs (1)
and (2) of this section but do not contain an investigation of test
fairness, and it is not technically feasible for the borrowing user to
conduct an internal study of test fairness, the borrowing user may
utilize the study until studies conducted elsewhere meeting the
requirements of these guidelines show test unfairness, or until such
time as it becomes technically feasible to conduct an internal study of
test fairness and the results of that study can be acted upon. Users
obtaining selection procedures from publishers should consider, as one
factor in the decision to purchase a particular selection procedure, the
availability of evidence concerning test fairness.
C. Validity evidence from multiunit study. if validity evidence from
a study covering more than one unit within an organization statisfies
the requirements of section 14B of this part, evidence of validity
specific to each unit will not be required unless there are variables
which are likely to affect validity significantly.
D. Other significant variables. If there are variables in the other
studies which are likely to affect validity significantly, the user may
not rely upon such studies, but will be expected either to conduct an
internal validity study or to comply with section 6 of this part.
