Civil rights lawyers expect, and fear, challenges to such laws as Title VII of the 1964 Civil Rights Act, a broad prohibition against employment discrimination that bars both intentional discrimination and practices, such as using certain employment tests, that have a disparate impact on minority groups.
32.
This is a common method of developing validity evidence for employment tests : A test is administered to incumbent employees, then a rating of those employees'job performance is, or has already been, obtained independently of the test ( often, as noted above, in the form of a supervisor rating ).
33.
Brown said that " the full panorama of employment tests carried on in the name of loyalty and security were every bit as extensive and confusing " as those that followed Waterloo or Gettysburg, and he called for greater clarity and care in determining and declaring where government risks existed and where they did not.