A. Abemarle Paper v Moody and Guidelines:
(1) 2 general ability tests – 100 on Beta and 18/17 on Wonderlic
(a) criterion- related validity study
(b) S.5(B) – empirical data showing correlation between selection procedure and important elements of job performance
(c) S. 5(H) – cutoff scores must be consistent with normal proficiency of workforce
(2) looked at 10 job groupings – near tops of 9 lines of progression; grouped for proximity in line, no job analysis for skills needed
(a) S.14(B)2, 14(A) – start with job analysis; must show no significant differences if use same validity study for other, different jobs(b) S. 7(B)2 – if use same validity study for several jobs, must show substantially similar job behaviors required
(3) looked at top jobs, not entry level — S. 5(I)
(4) used experienced white workers for sample, not new hires, mostly black — S.14(B) – sample must represent candidates for job
(5) used subjective supervisor rankings to compare with test scores of employees; only 3 of 8 showed correlation
(a) S. 14(B)2 – avoid subjective bias
(b) S. 14(B)5- must correlate at 0.05
B. Uniform Guidelines and Washington v. Davis
(1) validity of qualifying test – S. 5(B) requires that test predict important elements of job performance
(a) S.14(B)2 – job analysis required to determine important job duties, work behaviors, or work outcomes(b) S.14(B)3 – when performance in training is used as criterion, must properly measure success in training and need to show content of training reflects job performance
(c) S.14(B)3 – criterion measures consisting of pencil and paper tests will be closely reviewed for job relevance
(2) Test 21 score of 40 to be admitted to training
(a) S.5(H)- use of cutoff score must be validated
(b) 4x as many blacks fail test as whites
(c) no showing of relationship of exam to training, and of training to job
(3) trial – Test 21 measures success in training [didn’t consider success in job]
(a) no relationship btwn training averages and job performance for blacks
(b) Civil Service Commission guidelines require showing that Test 21 measures performance or qualifications requirements relevant to the jobs for which candidates are being evaluated