SECTION 335:15-13-3. Discriminatory use of tests for hiring, promotion, or employment opportunities  


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  •   The use of any test which adversely affects hiring, promotion, or any other employment or membership opportunity of classes protected by the Act constitutes discrimination unless:
    (1)   The test has been validated and evidences a high degree of utility as hereinafter described and,
    (2)   The person giving or acting upon the results of the particular test can demonstrate that alternative suitable hiring, or promotion procedures are unavailable for his use.