Five issues (employer motivation, criteria selection, content and construct validity, differential validity, burden of proof) are discussed because questions are raised about them or because they are pivotal issues in court cases which were decided in the five years since Griggs v. Duke Power (test bias). (TA)

Chapter 10 of a book on school law reviews court rulings on the use of tests and testing procedures for employment purposes. Title VII of the Civil Rights Act of 1964 contains a section authorizing the use of any professionally developed ability test, provided that it is not designed, intended, or used to discriminate. The courts have held…