NCJ Number
145804
Journal
FBI Law Enforcement Bulletin Volume: 62 Issue: 11 Dated: (November 1993) Pages: 27-32
Date Published
1993
Length
6 pages
Annotation
The author discusses the legal defensibility of police hiring standards based on fitness.
Abstract
A report concluded that Federal statutory requirements can be met by establishing physical fitness standards that are job-related and consistent with business necessity. Neither the Americans with Disabilities Act (ADA) nor the Civil Rights Act (CRA) of 1991 require agencies to hire or retain persons who are unfit for the job. The ADA prohibits discrimination based on factors not related to job performance; the CRA prohibits the "norming" of test scores based on race, sex, or other demographic factors. The Civil Rights Act of 1964 allows agencies to adopt reasonable educational standards that do not unnecessarily disadvantage particular groups; in Davis v. City of Dallas, the US Court of Appeals upheld as valid a claim that an educational hiring standard was job-related, without requiring empirical evidence. In another case, the court stated that educational standards must only meet the test of "reasonableness." Psychological testing and criminal history assessments, too, are legal depending on job-relatedness. Psychological test results must not be disclosed in any manner that violates legitimate privacy interests. While the use of polygraphs may meet these requirements, it may also be subject to more restrictive State laws. 43 endnotes