SECTION 335:15-13-1. Statement of purpose

(a)   The guidelines in this Subchapter are based on the belief that properly validated and standardized employee selection procedures can significantly contribute to the implementation of nondiscriminatory personnel policies as required by the Oklahoma Anti-Discrimination Act, Title 25, Oklahoma Statutes Section 1101 et seq., (referred to hereinafter in this Subchapter as the "Act"). It is also recognized that professionally developed tests, when used in conjunction with other tools of personnel assessment and complimented by sound programs of job design, may significantly aid in the development and maintenance of an efficient work force and, indeed, aid in the utilization and conservation of human resources generally.

(b)   An examination of charges of discrimination filed with the Oklahoma Human Rights Commission (referred to hereinafter in this Subchapter as the "Commission"), and an evaluation of the results of the Commission's compliance activities has revealed a decided increase in total test usage and a marked increase in doubtful testing practices which, based on our experience, tend to have discriminatory effects. In many cases, persons have come to rely almost exclusively on tests as the basis for making the decision to hire, promote, grant membership, train, refer or retain, with the result that candidates are selected or rejected on the basis of a single test score. Where tests are so used, minority candidates frequently experience disproportionately high rates of rejection by failing to attain score levels that have been established as minimum standards for qualification.

(c)   It has also become clear that in many instances, persons are using tests as the basis for employment decisions without evidence that they are valid predictors of employee job performance. Where evidence in support of presumed relationships between test performance and job behavior is lacking, the possibility of discrimination in the application of test results must be recognized. A test lacking demonstrated validity (i.e., having no known significant relationship to job behavior) and yielding lower scores for classes protected by the Act may result in the rejection of many who have necessary qualifications for successful work performance.

(d)   The guidelines in this Subchapter are designed to serve as a workable set of standards for employers, unions and employment agencies in determining whether their selection procedures conform with the basic purposes of the elimination of discrimination in employment.