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Selection Tests and Equal Opportunity

The Court and the EEOC

University of Idaho

In passing Title VII of the 1964 Civil Rights Act, Congress sought to promote equal employment opportunity while allowing the use of selection tests. This article focuses on the interaction between the Supreme Court and the EEOC in developing policies governing the use of selection tests. The analysis suggests that typical characterizations of judicial review over administrative agencies frequently miss the subtlety of judicial-administrative interactions. In grappling with the complexities of this potentially redistributive policy, both court and agency have adopted standards more restrictive of selection tests than Congress intended, but more consistent with the goal of equal opportunity.

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