Organizations with 15 or more employees must comply. Reasonable accommodation and undue hardship. Court Cases A. Job relatedness. Duke Power a. Lack of discriminatory intent is not a defense. Selection test must be job related if adverse impact results.
Employer bears burden of proof in face of apparent adverse impact.
Applies to performance appraisal instrument. B. Job analysis and the appraisal system. It must meet all of the legal requirements regarding tests in organizations. Watson v. Ft. Validate the same way as objective tests.