Validity studies should be based on review of information about the job. Any validity study should be based upon a review of information about the job for which the selection procedure is to be used. The review should include a job analysis...(see: 60-3.14 - Technical standards for validity studies. Section A.)
A job analysis should describe all important work behaviors, their relative importance, and their difficulty level. "[A] job analysis [should include] an analysis of the important work behavior(s) required for successful performance and their relative importance and, if the behavior results in work product(s), an analysis of the work product(s). Any job analysis should focus on the work behavior(s) and the tasks associated with them. If work behavior(s) are not observable, the job analysis should identify and analyze those aspects of the behavior(s) that can be observed and the observed work products. The work behavior(s) selected for measurement should be critical work behavior(s) and/or important work behavior(s) constituting most of the job." (see: 60-3.14 - Technical standards for validity studies. Section C.(2))
Tower Amendment Following the initial passage of the Act, many employers felt that the Act was a ban to employment testing. To remove reassure employers that the Act was not a ban on employment testing, Senator Tower of Texas proposed an amendment that clearly supported testing:
it shall not be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate...
The ADA specifically states:
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
The Act defines "qualified individual with a disability" as someone with a disability who:
"with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." (see ADA Section 101. Definitions (8)).