Legal Trends Affecting the Validity of Credentialing Examinations

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Abstract
Credentialing examinations have, in the past, been relatively immune from legal attack based on allegations that the examinations lack validity. Specifically, Title VII of the Civil Rights Act does not apply to credentialing examinations. Further, courts have interpreted the dueprocess and equal protection clauses of the Fourteenth Amendment to the Constitution in such a way that constitutional attack is difficult. However, recent legal developments seem likely to change this situation. This article examines the extent of the present legal obligation to demonstrate the validity of credentialing examinations in three areas: the Civil Rights Act of 1964, the Constitution, and the antitrust laws. It also examines recent trends that seem likely to change those obligations in the future.

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