Chapter 6 JA and the Law

JA and the Law Legislation and Regulations Laws linked to Job Analysis Constitution 14th Amendment (equal protection) 5th Amendment (due process) Federal Legislation Equal Pay Act Civil Rights Act Age Discrimination Employment Act Rehabilitation Act Americans with Disabilities Act Laws linked to Job Analysis

Federal Legislation Constitution (rare) Not specific to employment practices Burden of proof on claimant Civil Rights Act – better alternative 14th Amendment (State governments) Equal Protection clause Used for “reverse discrimination” for majority group 5th Amendment (Federal government) Due Process

Federal Legislation Equal Pay Act (1963) Gender: Equal pay for equal work What are the implications for JA? Civil Rights Acts (1964 and 1972) Title VII – race, color, sex, religion, nat’l origin Griggs v. Duke Power Company (‘71) EEOC to enforce it “all conditions or privileges of employment” For adverse impact or disparate treatment Only for protected groups

Federal Legislation (con’t) Age Discrimination Act (1967) Protect those aged 40+ Rehabilitation Act (1973) Protects “handicapped” (disability) Only for federal contractors ADA (1990) With “disability” that limits major life activity Requires reasonable accommodation E.g. of one for your job?

Enforcement of EEO Laws OFCCP – for federal contractors DCI Group consultants for compliance EEOC (and EEO for state) – other businesses “Uniform Guidelines on Employee Selection Procedures” Five fed agencies: OFCCP, OPM, DOL, DOJ, Dept of Treasury, Used by EEOC to determine unlawful discrimination

Executive Orders Executive Order (11246) Nondiscrimination and affirmative Action For race, color, religion, sex, nat’l origin OFCCP – guidelines for requiring employers (fed) to hire minorities and women Goals and timetables Goes beyond Civil Rights Acts Which states that employers should ignore demographic features Issues consent decrees (for those under found guilty) What’s the difference in goals and quotas?

Professional Standards Standards for Educational and Psychological Testing (1999) American Psychological Association American Educational Research Association National Council on Measurement in Education Test Fairness Social and political issues Selection bias Minorities score lower on predictors but not on criteria SIOP (2003) Principles for the Validation and Use of Personnel Selection proc. Good practices for development and use of tests (selection)

Prescriptions for JA Selection (“Principles” from SIOP) Validity from: Correlations between predictors and criteria “Criterion related validity” Degree of match for content of test and criterion “Content validity” Construct validity Convergent and divergent relationships Validity generalization (Hunter & Schmidt, ‘04)

Validity (con’t) …other types Internal structure Re: development processes Interrelations among Components of selection Test items (alphas) Scales and constructs Cognitive tasks (capturing mental processes) Consequences of test use E.g. does the test really work

JA and Principles JA needed Federal Law (none for JA type) For Complete job description Essential duties KSAOs To Establish criteria Federal Law (none for JA type) Need to specify Minimal qualifications

EEOC & OFCCP Guidelines definitions: (Table 6.1) Focus on “observable behaviors and important tasks Content validity Show the test behaviors are representative of job behaviors Sample of most or all important tasks Construct Trait or attribute (KSAO) must be related to job

Case Law Must have JA for selection instruments Report required Thompson & Thompson (1982) Must have JA for selection instruments Report required Detailed procedure Knowledgeable analysts / current sources Incumbents... the more the better Include duties/activities Most important (essential) tasks included Standards (min quals) for entry level Specify KSAs required

Case Law Arvey & Farley (1988) added… Weight test content to importance Show how content test was developed Quality of infor more important than method include…(Brumback) Task frequency data JA should be able to be replicated How importance was determined Measure of trainability / difficulty of job requirements