ABSTRACT

In 2014, Section 503 of Rehab-73 was updated in various ways, including the requirement that federal contractors meeting 50-employee/$50,000 contract thresholds are required to solicit disability status information from applicants pre-offer and post-offer. In comparison, case law reveals that legal proof of job-relatedness for biographical minimum qualifications is often less exacting and legal proof of job-relatedness for physical factors is often more exacting than legal proof of job-relatedness for standardized tests. The Society for Industrial and Organizational Psychology Principles, the American Psychological Association Standards, and the Uniform Guidelines on Employment Selection Procedures all clearly indicate that a demonstration of the validity of a selection device usually begins with a thorough analysis of the job if the criterion of interest is job performance. Thus, employers and their consultants may want to become familiar with this literature to meet their burden of demonstrating a reasonable search for alternatives at the outset of a selection project.