An employer's cognitive ability test predicts job performance accurately but disproportionately screens out a protected group and a less-discriminatory equally valid alternative exists. Under EEOC guidance the employer should:

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TheoryPractice · Accepted Answer

Adopt the equally valid less-discriminatory alternative. When a selection procedure has adverse impact, Title VII requires using an available alternative that is equally valid but less discriminatory; ignoring it can establish liability.

An employer's cognitive ability test predicts job performance accurately but disproportionately screens out a protected group and a less-discriminatory equally valid alternative exists. Under EEOC guidance the employer should:

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