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41 CFR § 60-3.9 - No assumption of validity. 

---
identifier: "/us/cfr/t41/s60-3.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "41 CFR § 60-3.9 - No assumption of validity."
title_number: 41
title_name: "Public Contracts and Property Management"
section_number: "60-3.9"
section_name: "No assumption of validity."
chapter_number: 60
chapter_name: "OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, EQUAL EMPLOYMENT OPPORTUNITY, DEPARTMENT OF LABOR"
part_number: "60-3"
part_name: "3—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. 201, 202, 203, 203(a), 205, 206(a), 301, 303(b), and 403(b) of E.O. 11246; as amended by sec. 715 of Civil Rights Act of 1964, as amended (42 U.S.C. 2000(e)-14)."
regulatory_source: "43 FR 38295, 38314, August 25, 1978, unless otherwise noted."
cfr_part: "60-3"
---

# 60-3.9 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 it's 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.