Worth 15 Points Human Resources Legal Issues In
Readings:
Heneman, H. H., Judge, T. A., Kammeyer-Mueller, J. (2011). Staffing Organizations (7th ed.). New York: McGraw-Hill,Chapter 2.
**Sharf, J. C. & Jones, D. P. (2000). Employment Risk Management. In J.F. Kehoe, Managing Selection in Changing Organizations (pp. 271-318). San Francisco: Jossey-Bass.
**Evans, D. (2003). A comparison of other-directed stigmatization produced by legal and illegal forms of affirmative action. Journal of Applied Psychology, 88, 121-130.
Uniform Guidelines on Employee Selection Procedures – on the following website: http://www.uniformguidelines.com/uniformguidelines.html
Overview:
Although EEO and AA are legal, not psychological topics, they have had an enormous impact on the science and practice of Personnel Psychology, especially as it relates to staffing. In fact, some have called the EEO laws of the 60’s and 70’s the “Bills of Employment Rights” for I/O Psychologists. This is because employers were suddenly responsible for using properly developed indicators of individual differences (instead of poor indicators like class membership, familial relationship, or demographics) as the basis for selection decisions. I/O psychologists are rigorously trained in how to construct adequate psychological measurements, and have a long tradition of providing such measures to organizations (since about 1908). Thus, their skills were suddenly in very broad demand. Since that time, virtually all the large organizations in the US (private and public) have used, and in many cases hired as permanent staff, I/O psychologists. Their value of course goes beyond selection and staffing issues, and I/O psychologists are involved in a tremendous variety of activities within organizations.
One thing that I want to make clear is what the protected classes include. These are race, color, religion, sex, and national origin. Inevitably somebody will get confused and say that “women” or “African-Americans” are protected classes. Technically, this is too narrow. That is, a white male is just as protected under Title VII of the Civil Rights Act as anybody else. For further information on the protected classes, go here: http://www.hr-guide.com/data/G714.htm
In order to determine adverse impact, the four-fifths rule can be applied. This has four basic steps:
- Calculate the rate of selection for each group (divide the number of persons selected from a group by the number of total applicants from that group).
- Observe which group has the highest selection. This could be, for instance, men or women.
- Calculate the impact ratios by comparing the selection rate for each group with that of the highest group (divide the selection rate for a group by the selection rate for the highest group).
- Observe whether the selection rate for any group is substantially less (i.e., usually less than four-fifths, or 80 percent) than the selection rate for the highest group. If it is, adverse impact is indicated in most circumstances.
For example:
Job Applicants Number Hired Selection Rate (Percent Hired)
A) Men 100 52 52/100 = 52%
Women 50 14 14/50 = 28%
B) The group with the highest selection rate is men, with 52%
C) Divide the women selection rte (28%) by the men selection rate (52%). The women rate is 53.8% of the men rate.
D) Since 53.8% is less than four-fifths, or 80 percent, adverse impact is indicated.
A handy adverse impact calculator can be found at http://www.hr-guide.com/data/analysis.htm – look here for additional explanations. Have fun!
Important terms from readings:
EEO, Civil Rights Acts, Affirmative Action, Executive Order 11246, tort, common law, selection procedure, four-fifths rule, applicant, discrimination, disparate treatment, adverse impact, content, criterion, and construct validation, ADA, ADEA, BFOQ, CRA
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QUESTIONS
Please answer any three of the following questions. This assignment is worth 15 points – 5 points per question.
1.What is the difference between EEO and AA? Define each term and discuss their sources (legislative, executive, judicial branch of government) and their intended purposes. How do they support each other? How do they conflict?
2.What is the Uniform Guidelines on Employee Selection Procedures? To whom do the guidelines apply? What do they cover?
3.The Guidelines “do not require a user to conduct validity studies of selection procedures where no adverse impact results.” What is a selection procedure? What is adverse impact? How would you determine whether your selection procedure had adverse impact? Why would an employer not want to find out whether a selection procedure was valid?
4.What is the nature of the distinction between Affirmative Action (AA) and quotas?
5.Define criterion-related, content, and construct validation. How are they related? Which is most important under the law? Which is most important to an employer trying to select the best applicant?
6.Based on Sharf and Jones’ analysis, what would you recommend employers use for selection of job applicants?
Dear Tutor,
Please read all supporting documents carefully.
Please cite your sources in your answers (Last Name, Year) and include a reference section at the end.