Nearly one million undergraduates take Introductory Statistics each year, and both the importance of statistics and viewpoints about how it should be taught have changed markedly over the last several decades (Guidelines for Assessment and Instruction in Statistics Education College Report, ASA Revision Committee, 2016). Modern introductory statistics courses seek to teach statistics in the context of real-world investigations, and there is growing consensus that understanding statistics ethics is a key learning outcome for the course. Yet, course instructors have few resources to help them teach or assess ethics. Our review of over 150 items used in five popular statistics concept inventories identified only a single item dealing with ethics. Digital Promise is leading the development of the Benchmark Assessment for Statistics Introductory Concepts (BASIC), a test designed to measure a student's ability to apply the key concepts taught in a modern, postsecondary introductory statistics course. Because the assessment will be used as the common learning outcome measure in a large-scale study, all BASIC items have a multiple-choice format. Development of pilot items on ethics has been particularly challenging in the absence of previously developed items for this learning outcome or even a consensus around what behaviors would indicate competency in understanding statistical ethics. Items can easily become no different from those used to assess understanding of other learning outcomes, such as sampling or hypothesis testing, or become as bland as "don't be evil." Creating an item context around a relevant social issue can easily bring preconceptions associated with different identities into play. This poster will summarize the assessment item development process, review the initial ethics items developed for the BASIC, and share the results of a differential item function analysis on key demographic variables, including Race/Ethnicity, Gender, and Age. Data is currently being collected in Spring 2023, and this In-The-Pipeline poster will be the initial results of the pilot test of this assessment.