IN A 1971 DECISION, THE U.S. SUPREME COURT STRUCK DOWN HIGH SCHOOL DIPLOMA AND PSYCHOLOGICAL AND INTELLIGENCE TEST REQUIREMENTS OF A NORTH CAROLINA COAL COMPANY, HOLDING THAT SUCH TESTS WERE NOT DEMONSTRABLY RELATED TO JOB PERFORMANCE. WHETHER INTENTIONALLY OR NOT, THE REQUIREMENTS WERE EFFECTIVELY MAINTAINING THE PRIOR DISCRIMINATORY PERSONNEL PRACTICES WHICH PERMITTED BLACKS TO WORK ONLY THE COMPANY'S LOWEST JOB CLASSIFICATIONS. FURTHER, ONE OF THE PERSONNEL TESTS USED (THE WONDERLIC) IS SEVERELY DEFICIENT IN VALIDITY DATA AND DIFFICULT TO INTERPRET. IN ANOTHER CASE, TWO BLACKS WERE PREVENTED FROM ENTERING A STEAMFITTERS UNION APPRENTICESHIP COURSE ON THE BASIS OF THEIR FAILURE ON THE VERBAL REASONING SUBTEST OF THE DIFFERRENTIAL APPTITUDE TEST (DAT) AND DESPITE THEIR HAVING PASSED THE MORE PERTINENT NUMERICAL ABILITY, MECHANICAL REASONING, AND SPATIAL RELATIONS SUBTESTS. THE VERBAL REASONING SUBTEST AND A NUMBER OF OTHER VERBAL ANALOGY TESTS TAP THE HIGHEST LEVEL OF INTELLECTUAL FUNCTION, AND THEIR USE TO PLACE IRRELEVANT AND INVALID BARRIERS IN THE PATH OF BLACKS SEEKING EQUAL OPPORTUNITY VIOLATES BOTH EMPIRICAL EVIDENCE AND THEORETICAL INTEGRITY. ADDITIONAL EXAMPLES OF THE INVALID AND ILLEGAL USE OF TESTS TO PERPETUATE DISCRIMINATORY PRACTICES INCLUDE TESTS USED TO SCREEN OUT WOMEN (SUCH AS QUANTITATIVE TESTS ON THE GRADUATE RECORD EXAMINATION), STATE BAR EXAMINATIONS, AND ROUTINELY USED CIVIL SERVICE TESTS WHICH ARE OFTEN UNRELATED TO JOB PERFORMANCE. IT IS SUGGESTED THAT THE AMERICAN PSYCHOLOGICAL ASSOCIATION SHOULD UPDATE ITS POSITION ON THE PREPARATION OF TEST MANUALS, PARTICULARLY IN REGARD TO ILLEGAL RACIAL EXCLUSION, AND SHOULD CONSIDER PROFESSIONAL SANCTIONS AGAINST PUBLISHERS OR PSYCHOLOGISTS WHO USE INVALID TESTS TO PERPETUATE DISCRIMINATION. REFERENCES ARE PROVIDED. (JAP)