This paper was originally delivered in July of 1975, within a few weeks of the Supreme Court's decision in the case ofAlbemarle Paper Companyv.Moody.The law, of course, does not stand still. Less than a year after theAlbemarledecision, the Supreme Court's decision inWashingtonv.Davisappeared to turn sharply away from the proposition that the EEOC guidelines are to be applied mechanically as the only legal touchstone of the job relatedness of a test. TheWashingtondecision contains many obscurities and ambiguities, and at the time of writing (October 1976) it appears that at least one more Supreme Court case will be necessary in order to clarify this question. Though the present paper is outdated in some respects because of theWashingtondecision, it is hoped that it will continue to be of interest for the light it may shed on the interrelationship between the practice of industrial psychology and the judicial process in operation.