,i  #aagth ,,congress  #b;d ,session    
,h4 ,r4 #ijhb  ,,in ,,the ,,house ,,of  
,,representatives  ,september #bi1      
#bjbb,ms4 ,stefanik introduced the      
following bill2 which was referred to   
the ,committee on ,education and ,labor 
,a ,,bill  ,to establish a voluntary    
compliance assistance initiative at the 
,equal ,employment ,opportunity         
,commission regarding the usage of      
employment tests and selection          
procedures by employers4  #a4 ,short    
title ,this ,act may be cited as the    
,advancing ,skills-,based ,hiring ,act  
of #bjbb4  #b4 ,purpose ,it is the      
purpose of this ,act-- 7#a7 to empower  
employers to adopt a skills-based       
approach to hiring through a voluntary  
compliance assistance program regarding 
the appropriate use of employment tests 
and selection procedures1 and  7#b7 to  
enable employers to proactively submit  
validation information to the ,equal    
,employment ,opportunity ,commission for
 review to ensure use of such tests and 

procedures is job-related for the       
position in question and consistent with
 business necessity within the meaning  
of section #gjc7k77#a77;,a77i7 of the   
,civil ,rights ,act of #aifd 7#db       
,u4,s4,c4 #bjjj;e-#b7k77#a77;,a77i774   
#c4 ,review by ,equal ,employment       
,opportunity ,commission of information 
voluntarily submitted by employers  7a7 
,voluntary submission and review of     
employer information ,the ,equal        
,employment ,opportunity ,commission 7in
 this ,act referred to as the           
,commission7 shall-- 7#a7 establish a   
process for employers-- 7,a7 to         
voluntarily submit validity evidence to 
the ,commission on the use1 or          
prospective use1 of competency-based    
assessments or other professionally     
developed selection procedures that are 
used to make employment decisions1 and  
7,b7 to obtain a determination by the   
,commission as to whether such use is   
job-related for the position in question
 and consistent with business necessity 

within the meaning of section           
#gjc7k77#a77;,a77i7 of the ,civil       
,rights ,act of #aifd 7#db ,u4,s4,c4    
#bjjj;e-#b7k77#a77;,a77i771  7#b7 as    
part of such process1 set forth the     
validity evidence that participating    
employers should submit1 which may      
include-- 7,a7 a criterion-related      
validity study1  7,b7 a content validity
 study1  7,c7 a construct validity      
study1 or  7,d7 a transportability study
 that includes the validity evidence    
from a study1  conducted by another     
entity1 along with evidence from the    
employer that shows job similarity1 and 
7#c7 allow employers to submit validity 
evidence for review regardless of the   
existence of an adverse impact from the 
use of the assessment or selection      
procedure on protected groups1 but      
require such submitted evidence to      
include any information available on    
whether the use has resulted in adverse 
impact4  7b7 ,review of submitted       
employer information ,subject to the    

payment required by subsection 7d71 the 
,commission shall review the information
 submitted under subsection 7a7 and--   
7#a7 determine that the use of the      
assessment or selection procedure       
identified by the employer is           
job-related and consistent with business
 necessity1 or  7#b7 provide technical  
assistance to such employer that        
includes1 at a minimum-- 7,a7 an        
explanation of why the ,commission      
cannot make such a determination1 and   
7,b7 steps the employer could take1 or  
changes the employer could implement1   
that will enable the ,commission to make
 the determination in subsection        
7b77#a74  7c7 ,safe harbor ,the         
determination from the ,commission under
 subsection 7b77#a7 that the employer's 
use of an assessment is job-related and 
consistent with business may be used by 
the employer to satisfy its burden of   
proof under section #gjc7k77#a77;,a77i7 
of the ,civil ,rights ,act of #aifd 7#db
 ,u4,s4,c4 #bjjj;e-#b7k77#a77;,a77i774  

7d7 ,fee payable for review ,to obtain  
review under subsection 7b71 an employer
 with more than #ajj employees shall pay
 to the ,commission a reasonable fee    
determined by the ,commission to offset 
the cost incurred by the ,commission to 
provide such review4  7e7 ,limitation   
,any information submitted by the       
employer under subsection 7a7 and any   
technical assistance provided by the    
,commission under subsection 7b77#b7    
regarding the information submitted by  
the employer related thereto shall--    
7#a7 not be used against such employer  
as a basis for a future enforcement     
action1 and  7#b7 shall be inadmissible 
in a ,federal or ,state court proceeding
 without the consent of such employer4  
#d4 ,education and technical assistance 
,the ,commission shall provide education
 and technical assistance on the use of 
employment tests or other selection     
procedures1 including education and     
technical assistance on the methods of  
validation of an employment test or     

selection procedure and on the          
opportunity to voluntarily submit       
validity evidence to the ,commission to 
seek a determination that use of an     
employment test or selection procedure  
is job-related and consistent with      
business necessity4  #e4 ,definition    
,for purposes of this ,act1 the term    
competency-based assessment means an    
assessment or selection procedure that  
purports to measure the knowledge1      
skills1 abilities1 or personal or       
behavior characteristics that are       
necessary for1 or shown to predict1     
successful job performance4  #f4        
,effective date ,this ,act shall take   
effect #ij days after the date of the   
enactment of this ,act4