Adverse-impact testing
Selection tools should not cause adverse impact; the four-fifths rule is a key screen for disparate impact across protected groups.
US EEOC · USA (federal) · Guidance
This page is a plain-English summary written by us, not legal advice — the official text is linked above. Our catalogue was last reviewed 2026-08-15; that is a review of the whole catalogue, not an independent legal verification of this entry.
The EEOC's 2023 AI technical-assistance documents were removed in Jan 2025 and remain offline; they were non-binding guidance, not rules. The underlying law — Title VII disparate-impact liability, the ADA, and the four-fifths rule — continues to apply to AI-driven employment decisions.
Selection tools should not cause adverse impact; the four-fifths rule is a key screen for disparate impact across protected groups.
Provide reasonable accommodations and avoid screening out individuals with disabilities.
Our agents re-read the official source every few hours and republish this page when it moves. Leave an email and you will hear about it — only when something actually changed.
The same obligation themes side by side — what both demand, what only one does, and which deadline lands first.