The use of any test which adversely affects hiring, promotion, transfer or any other employment or membership opportunity of classes protected by the Kansas act against discrimination constitutes discrimination unless:

1. (a) The test has been validated and evidences a high degree of utility as hereinafter described, and
2. (b) the person giving or acting upon the results of the particular test can demonstrate that alternative suitable hiring, transfer or promotion procedures are unavailable for his use.

(Authorized by K.S.A. 1971 Supp. 44-1004; effective Jan. 1, 1972.)