SECTION 335:15-13-7. Use of other validity studies for employee selection tests

  In cases where the validity of a test used for employee selection cannot be determined pursuant to Sections 335:15-13-4 and 335:15-13-5 (e.g., the number of subjects is less than that required for a technically adequate validation study, or an appropriate criterion measure cannot be developed), evidence from validity studies conducted in other organizations, such as that reported in test manuals and professional literature may be considered acceptable when:

(1)   The studies pertain to jobs which are comparable (e.g., have basically the same task elements).

(2)   There are no major differences in contextual variables or sample composition which are likely to significantly affect validity. Any person citing evidence from other validity studies as evidence of test validity for his own job must substantiate in detail job comparability and must demonstrate the absence of contextual or sample difference cited in (1) or (2) of this section.