Statistical, legal and moral problems involved in following the EEOC guidelines are described. The guidelines require separate data for minority and non-minority groups with differential cut off scores for aptitude tests which have a racial bias. Problems reviewed include: identification of racial bias in tests is difficult; giving one race an advantageous cutoff over another may be unfair, creating legal challenges; and determining selection by race may diminish the effectiveness of the work group. The author suggests selection on the basis of proportion of numbers of each race applying, taking the top from each group. (DJ)