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November 22, 2011

Validation requirements for civil service test

Validation requirements for civil service test
Guardians v. Civil Service Commission, 23 FEP Cases 909

The Circuit Court of Appeals for the 2nd Circuit (New York) has rejected a rigid and literal application of the EEOC Guidelines on test validation.

The Court adopted a “functional” approach, holding an acceptable content validation study may consist of a suitable job analysis, reasonably competent examiners, a relationship between the test content and the job and a scoring system which can be used to select from those better able to do the job.

In addition, the Court indicated that permissible use of rank ordering requires a demonstration that the point differences used reflect differences in job performance.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com