SECTION 335:15-13-13. Employee selection techniques other than testing

  Selection techniques other than tests, as defined in Section 335:15-13-2, may be improperly used so as to have the effect of discrimination against minority groups. Such techniques include, but are not restricted to, unscored or causal interviews and unscored application forms. Where there are data suggesting employment discrimination, the person may be called upon to present evidence concerning the validity of his unscored procedures as well as any types referred to in Sections 335:15-13-4 and 335:15-13-5. Data suggesting the possibility of discrimination exist, for example, when there are differential rates of applicant rejection from various minority and non-minority, handicap or sex groups for the same job or group of jobs or when there are disproportionate representations of minority and non-minority, handicap, or sex groups among present employees in different types of jobs. If the person is unable or unwilling to perform such validation studies, he has the option of adjusting employment procedures so as to eliminate the conditions suggestive of employment discrimination.