I 
118TH CONGRESS 
1ST SESSION H. R. 4187 
To establish a voluntary compliance assistance initiative at the Equal Employ-
ment Opportunity Commission regarding the usage of employment tests 
and selection procedures by employers. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2023 
Ms. STEFANIK introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To establish a voluntary compliance assistance initiative at 
the Equal Employment Opportunity Commission regard-
ing the usage of employment tests and selection proce-
dures by employers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Skills- 
Based Hiring Act of 2023’’. 
SEC. 2. PURPOSE. 
It is the purpose of this Act— 
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(1) to empower employers to adopt a skills- 
based approach to hiring through a voluntary com-
pliance assistance program regarding the appro-
priate use of employment tests and selection proce-
dures, and 
(2) to enable employers to proactively submit 
validation information to the Equal Employment 
Opportunity Commission for review to ensure use of 
such tests and procedures is job-related for the posi-
tion in question and consistent with business neces-
sity within the meaning of section 703(k)(1)(A)(i) of 
the Civil Rights Act of 1964 (42 U.S.C. 2000e– 
2(k)(1)(A)(i)). 
SEC. 3. REVIEW BY EQUAL EMPLOYMENT OPPORTUNITY 
COMMISSION 
OF 
INFORMATION 
VOLUN-
TARILY SUBMITTED BY EMPLOYERS. 
(a) VOLUNTARY SUBMISSION AND REVIEW OF EM-
PLOYER INFORMATION.—The Equal Employment Oppor-
tunity Commission (in this Act referred to as the ‘‘Com-
mission’’) shall— 
(1) establish a process for employers— 
(A) to voluntarily submit validity evidence 
to the Commission on the use, or prospective 
use, of competency-based assessments or other 
professionally developed selection procedures 
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that are used to make employment decisions, 
and 
(B) to obtain a determination by the Com-
mission as to whether such use is job-related 
for the position in question and consistent with 
business necessity within the meaning of section 
703(k)(1)(A)(i) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e–2(k)(1)(A)(i)), 
(2) as part of such process, set forth the valid-
ity evidence that participating employers should sub-
mit, which may include— 
(A) a criterion-related validity study, 
(B) a content validity study, 
(C) a construct validity study, or 
(D) a transportability study that includes 
the validity evidence from a study, 
conducted by another entity, along with evidence 
from the employer that shows job similarity, and 
(3) allow employers to submit validity evidence 
for review regardless of the existence of an adverse 
impact from the use of the assessment or selection 
procedure on protected groups, but require such sub-
mitted evidence to include any information available 
on whether the use has resulted in adverse impact. 
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(b) REVIEW OF SUBMITTED EMPLOYER INFORMA-
TION.—Subject to the payment required by subsection (d), 
the Commission shall review the information submitted 
under subsection (a) and— 
(1) determine that the use of the assessment or 
selection procedure identified by the employer is job- 
related and consistent with business necessity, or 
(2) provide technical assistance to such em-
ployer that includes, at a minimum— 
(A) an explanation of why the Commission 
cannot make such a determination, and 
(B) steps the employer could take, or 
changes the employer could implement, that will 
enable the Commission to make the determina-
tion in subsection (b)(1). 
(c) SAFE HARBOR.—The determination from the 
Commission under subsection (b)(1) that the employer’s 
use of an assessment is job-related and consistent with 
business may be used by the employer to satisfy its burden 
of proof under section 703(k)(1)(A)(i) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–2(k)(1)(A)(i)). 
(d) FEE PAYABLE FOR REVIEW.—To obtain review 
under subsection (b), an employer with more than 100 em-
ployees shall pay to the Commission a reasonable fee de-
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termined by the Commission to offset the cost incurred 
by the Commission to provide such review. 
(e) LIMITATION.—Any information submitted by the 
employer under subsection (a) and any technical assist-
ance provided by the Commission under subsection (b)(2) 
regarding the information submitted by the employer re-
lated thereto shall— 
(1) not be used against such employer as a 
basis for a future enforcement action, and 
(2) shall be inadmissible in a Federal or State 
court proceeding without the consent of such em-
ployer. 
SEC. 4. EDUCATION AND TECHNICAL ASSISTANCE. 
The Commission shall provide education and tech-
nical assistance on the use of employment tests or other 
selection procedures, including education and technical as-
sistance on the methods of validation of an employment 
test or selection procedure and on the opportunity to vol-
untarily submit validity evidence to the Commission to 
seek a determination that use of an employment test or 
selection procedure is job-related and consistent with busi-
ness necessity. 
SEC. 5. DEFINITION. 
For purposes of this Act, the term ‘‘competency- 
based assessment’’ means an assessment or selection pro-
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cedure that purports to measure the knowledge, skills, 
abilities, or personal or behavior characteristics that are 
necessary for, or shown to predict, successful job perform-
ance. 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect 90 days after the date of 
the enactment of this Act. 
Æ 
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