conducted by another entity, along with evidence from the employer that shows job similarity, and (3) allow employers to submit validity evidence for review regardless of the existence of an adverse impact from the use of the assessment or selection procedure on protected groups, but require such submitted evidence to include any information available on whether the use has resulted in adverse impact. (b) Review of submitted employer information Subject to the payment required by subsection (d), the Commission shall review the information submitted under subsection (a) and— (1) determine that the use of the assessment or selection procedure identified by the employer is job-related and consistent with business necessity, or (2) provide technical assistance to such employer that includes, at a minimum— (A) an explanation of why the Commission cannot make such a determination, and (B) steps the employer could take, or changes the employer could implement, that will enable the Commission to make the determination in subsection (b)(1). (c) Safe harbor The determination from the Commission under subsection (b)(1) that the employer’s use of an assessment is job-related and consistent with business may be used by the employer to satisfy its burden of proof under section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) ). (d) Fee payable for review To obtain review under subsection (b), an employer with more than 100 employees shall pay to the Commission a reasonable fee determined by the Commission to offset the cost incurred by the Commission to provide such review. (e) Limitation Any information submitted by the employer under subsection (a) and any technical assistance provided by the Commission under subsection (b)(2) regarding the information submitted by the employer related thereto shall— (1) not be used against such employer as a basis for a future enforcement action, and (2) shall be inadmissible in a Federal or State court proceeding without the consent of such employer. 4.