94-348 C.M.R. ch. 3, § 6 - PRE-EMPLOYMENT TESTS

1. After an applicant for employment, candidate for membership in a labor organization, or employee has established that a test, used by an employer, employment agency, labor organization, licensing certification board, or apprenticeship committee for the purpose of making an employment decision, disproportionately excludes members of a protected class, the burden is on the person or organization requiring the test to show that the test standard is manifestly related to the job. In other words, it must be shown that performance on the test is predictive of how well the examinee will perform the job and that the test is justified by business necessity.

2. This section applies to employers having any number of employees. When evidence of test validity is presented to the Commission by an entity that is subject to the federal Uniform Guidelines on Employee Selection, the Commission will consider the applicable standards set forth in the Uniform Guidelines and will look favorably upon evidence presented which meets those standards.

Notes

94-348 C.M.R. ch. 3, § 6