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An Updated Sampler of Legal Principles in Employment Selection
- Introduction
- Principles and Exemplar Case Law
- 1. Companies using Internet recruitment should understand the definition of “Applicant” and be prepared to defend qualifications listed in the job description as well as procedures used to screen applicants.
- Exemplar Case Law Related to Principle 1
- 2. Adverse impact may be measured using a variety of approaches. Both statistical significance tests and measures of practical significance may be useful approaches to measuring adverse impact.
- Exemplar Case Law Related to Principle 2
- 3. The search for alternatives to procedures that might result in or have resulted in lesser adverse impact is typically split between defendants and plaintiffs. At the outset of a selection project, employers should typically consider alternatives that may meet business needs, be job-related, and minimize adverse impact. After a demonstration of job-relatedness, the plaintiffs have the burden of demonstrating that there is an alternative procedure that would result in the same levels or similar levels of job-relatedness but shows lesser adverse impact.
- Exemplar Case Law Related to Principle 3
- 4. Work analysis should typically precede any selection process.
- Exemplar Case Law Related to Principle 4
- 5. Validation evidence for standardized tests and similar procedures can come in many forms and is not limited to one particular approach. In general, the greater number of converging sources of validation evidence, the better.
- Exemplar Case Law Related to Principle 5
- 6. In a selection context, criterion information, particularly in the form of performance ratings, is as important in validation as is predictor information.
- Exemplar Case Law Related to Principle 6
- 7. The evidence required to demonstrate job-relatedness in the legal context typically differs for biographical factors (e.g., educational requirements) and physical factors (e.g., height and weight) than it does for standardized tests.
- Exemplar Case Law Related to Principle 7
- 8. Cut scores should be based on a rational foundation that may or may not include empirical analyses.
- Exemplar Case Law Related to Principle 8
- 9. An optimal balance between job-relatedness and reduction of adverse impact should be struck when possible.
- Exemplar Case Law Related to Principle 9
- 10. Many of the same practices that define responsible selection define responsible downsizing efforts.
- Exemplar Case Law Related to Principle 10
- 11. Employers should typically take proactive measures to prevent, detect, and correct EEO violations involving procedural unfairness to workers or violations inferred from analysis of workforce data.
- Exemplar Case Law Related to Principle 11
- 12. Adverse impact is a valid claim in both Title VII and the ADEA. However, there are critical differences in each of the three phases in how the Title VII and ADEA scenarios are tried in court.
- Exemplar Case Law Related to Principle 12
- 13. All disability-related decisions should be made on a case-by-case basis, including determining if an applicant or employee is (a) disabled, (b) needs accommodations for performing essential job functions, and/or (c) assessments of KSAOs deemed necessary to perform essential job functions.
- Exemplar Case Law Related to Principle 13
- Conclusions
- Notes
- References
Abstract
We are very pleased that we have been asked to contribute an updated chapter on legal principles for this volume. 1 As we noted in the original chapter, many principles of employee selection have been illuminated through decades of equal employment opportunity legislation, regulation, and related case law. Granted, judges write opinions, but these judges frequently depend heavily on industrial-organizational (I-O) psychologists in framing these opinions and are generous in their citations to our work and our testimony. Once again, we see a clear role for employment litigation knowledge related to personnel selection in this volume.
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