OFCCP has issued responses on its website to a series of newly posted frequently asked questions (FAQs) regarding validation and employee selection.

In its responses, the agency provided information on how it defines a “selection procedure”, when a selection procedure must be “validated”, and how OFCCP will investigate situations where it identifies a selection procedure has caused an adverse impact against a protected class. The agency also expressed on the potential need for validation even when AI and other sophisticated technologies are utilized in recruiting.

Validation of employee selection procedures is an important and necessary step for federal contractors and subcontractors utilizing selection procedures that include testing, scoring, and/or ranking of applicants in their recruiting process. If any selection procedures are found to have an adverse impact on a particular protected class, the procedure must be validated to ensure it is in fact testing for a skill or trait that is objectively job-related, and consistent with business necessity.

The mere action by OFCCP to highlight this on their website is an indication that they are still very focused on identifying and investigating instances of adverse impact in recruiting. Federal contractors and subcontractors are required to check for adverse impact in their recruitment processes on an annual basis.

For questions regarding validation and employee selection, please contact us.