29 CFR § 1607.9 - No assumption of validity.

---
identifier: "/us/cfr/t29/s1607.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 1607.9 - No assumption of validity."
title_number: 29
title_name: "Labor"
section_number: "1607.9"
section_name: "No assumption of validity."
chapter_name: "EQUAL EMPLOYMENT OPPORTUNITY COMMISSION"
part_number: "1607"
part_name: "UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 709 and 713, Civil Rights Act of 1964 (78 Stat. 265) as amended by the Equal Employment Opportunity Act of 1972 (Pub. L. 92-261); 42 U.S.C. 2000e-8, 2000e-12."
regulatory_source: "43 FR 38295, 38312, Aug. 25, 1978, unless otherwise noted."
cfr_part: "1607"
---


# 1607.9 No assumption of validity.

A. *Unacceptable substitutes for evidence of validity.* Under no circumstances will the general reputation of a test or other selection procedures, its author or its publisher, or casual reports of its validity be accepted in lieu of evidence of validity. Specifically ruled out are: assumptions of validity based on a procedure's name or descriptive labels; all forms of promotional literature; data bearing on the frequency of a procedure's usage; testimonial statements and credentials of sellers, users, or consultants; and other nonempirical or anecdotal accounts of selection practices or selection outcomes.

B. *Encouragement of professional supervision.* Professional supervision of selection activities is encouraged but is not a substitute for documented evidence of validity. The enforcement agencies will take into account the fact that a thorough job analysis was conducted and that careful development and use of a selection procedure in accordance with professional standards enhance the probability that the selection procedure is valid for the job.