A. Where selection procedures are devised by agency. An employment
agency, including private employment agencies and State employment
agencies, which agrees to a request by an employer or labor organization
to devise and utilize a selection procedure should follow the standards
in these guidelines for determining adverse impact. If adverse impact
exists the agency should comply with these guidelines. An employment
agency is not relieved of its obligation herein because the user did not
request such validation or has requested the use of some lesser standard
of validation than is provided in these guidelines. The use of an
employment agency does not relieve an employer or labor organization or
other user of its responsibilities under Federal law to provide equal
employment opportunity or its obligations as a user under these
guidelines.
B. Where selection procedures are devised elsewhere. Where an
employment agency or service is requested to administer a selection
procedure which has been devised elsewhere and to make referrals
pursuant to the results, the employment agency or service should
maintain and have available evidence of the impact of the selection and
referral procedures which it administers. If adverse impact results the
agency or service should comply with these guidelines. If the agency or
service seeks to comply with these guidelines by reliance upon validity
studies or other data in the possession of the employer, it should
obtain and have available such information.
