What is the EEOC s position on hiring with profiles?
The Equal Employment Opportunity Commission (EEOC), an agency of the Federal Government, issued the Uniform Guidelines on Employee Selection Procedures in 1966. This is an important reference for all U.S. employers and outlines a measurement called the four-fifths rule, that can be applied by the courts to assess evidence of adverse impact in overall hiring practices. Where the employer has not maintained data on adverse impact as required, the federal enforcement agencies may draw an inference of adverse impact of the selection process from the failure of the employer to maintain such data. In short, this can concern the employer s under-utilization of protected groups as compared to the groups representation in the relevant labor market or, in the case of jobs filled from within, the applicable workforce. To further clarify the intent of the law, Justice Burger of the United States Supreme Court stated in 1964 that nothing in the Act precludes the use of testing or measuring procedur
