§ 37.33  ESTABLISHMENT OF VALID QUALIFICATIONS AND SELECTION CRITERIA.
   (A)   The Personnel Director and the Affirmative Action Officer shall, based on the job descriptions established under § 37.30, establish or review the qualifications required for each new job classification and the selection criteria used in choosing employees for each job classification from the applicants for employment.
   (B)   The Personnel Director and the Coordinator shall determine which qualification requirements and selection criteria for all job qualifications and selection criteria, other than licenses or certifications which are required by law to perform any classification and any requirements necessary to obtain those licenses and certificates tend to adversely affect underutilized persons. These determinations shall be based on census data gathered by the United States Bureau of the Census, prior experience of the city in hiring employees or other reliable sources.
   (C)   The Personnel Director and the Affirmative Action Officer shall eliminate each job qualification or selection criterion identified as tending to exclude a special segment group, unless it can be demonstrated that:
      (1)   The qualification or criterion is necessary for the safe and efficient performance of the job; and
      (2)   There are no other qualifications or criterion which could be substituted for it which would also tend to predict that an applicant would perform the job safely and efficiently and which would tend to exclude fewer persons in the special segment group.
   (D)   When tests are used for selection, promotion or other decisions relating to a potential employee or existing employee, those tests shall be validated EEOC approved tests. These tests shall be administrated relative to EEOC guidelines.
(1985 Code, § 22-9-3-1(i))  (Ord. 16-1980, passed 9-2-1980)