A REVIEW OF FAIR EMPLOYMENT CASES IN THE FIELD OF TRAINING1

Abstract

Federal fair employment legislation, administrative guidelines, and court cases that relate to training are reviewed. The review identified three issues: (a) selection practices which use training as a criterion, (b) justification of training programs where there has been a determination of disparate treatment, and (c) the use of training programs as a legitimate factor other than sex to justify pay differentials. The review indicates most Courts will not accept training success as a valid criterion for test selection, although tests for minimum standards might be validated against training alone; Courts generally review equal treatment factors rather than determining the business necessity of training; and finally, there are definite guidelines for demonstrating pay differentials based on training programs. The implications for courts and professionals conclude the paper.

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