1. Human Resource Measurement in Selection
Part 1
An Overview of Human Resource Selection
CHAPTER
Human Resource Measurement in Selection 2

2. Key Points The basic principles of federal regulation of HR activities
An overview of the specific laws and executive orders appropriate to selection
The types of evidence used in deciding when discrimination has occurred
The types and characteristics of affirmative action programs
Major court cases in selection
The most important legal issues to consider in developing and implementing a selection program
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

3. FIGURE 2.1 Regulatory Model of EEO
SOURCE: Adapted from James Ledvinka and Vida G. Scarpello, Federal Regulation of Personnel and Human Resources Management, 2d ed. (Boston: PWS Kent Publishing Co. 1991), 18.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

4. TABLE 2.1 Major EEO Laws and Executive Orders Regarding Selection
Title VII Civil Rights Act of 1964
Civil Rights Act of 1991
Executive Order No
Age Discrimination in Employment Act of 1967
The Rehabilitation Act of 1973
Americans with Disabilities Act of 1990
ADA Amendments Act of 2008
Immigration Reform and Control Act of 1986
U.S. Constitution 5th Amendment
U.S. Constitution 14th Amendment
Civil Rights Act of 1866
Civil Rights Act of 1871
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

5. EEO Discrimination Complaint Process
Discrimination Charge
Equal Employment Opportunity Commission (EEOC)
No-Fault Settlement
Investigation
Probable Cause Statement
No Probable Cause Statement
Conciliation
Litigation
Right-to-Sue Notice
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

6. Americans with Disabilities Act of 1990
Definition of Disability
A disabled individual
has a physical or mental impairment that substantially limits one or more major life activities
has a record of such an impairment
is regarded as having such an impairment.
Excluded groups:
Homosexuals and bisexuals; transvestites, transsexuals, pedophiles, exhibitionists, voyeurists, and those with other sexual behavior disorders; compulsive gamblers, kleptomaniacs, pyromaniacs, and those currently using illegal drugs.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

7. Reasonable Accommodation
An organization is required to make changes in the work process for an otherwise qualified individual with a disability unless it would pose “undue hardship”
Qualified Individuals with a Disability
Meet the job-related requirements of a position
Can, with or without reasonable accommodation, perform the essential functions of the job
“Undue Hardship” Exception
Nature and cost of the accommodation
Ability of parent employer to bear costs
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

8. Essential Job Functions (Activities)
An activity could be considered essential if:
The position exists to perform the activity.
Only a limited number of other employees are available to perform the activity or among whom the activity can be distributed.
The activity is highly specialized, and the person in the position is hired for the special expertise or ability to perform it.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

9. Employment Discrimination
Forms of Discrimination
Disparate treatment
Situations in which different standards are applied to various groups of individuals even though there may not be an explicit statement of intentional prejudice.
Disparate impact
Organizational selection standards are applied uniformly to all groups of applicants, but the net result of these standards is to produce differences in the selection of various groups.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

10. Disparate Treatment McDonnell Douglas Rule
A guideline for establishing a prima facie case
The plaintiff must show that the following conditions exist:
He or she belongs to a protected class.
He or she applied and was qualified for a job for which the company was seeking applicants.
Despite these qualifications, he or she was rejected.
After this rejection, the position remained open and the employer continued to seek applicants from persons with the complainant’s qualifications
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

11. Disparate Impact Burden-of-Proof Defenses for Employers
Business necessity
Application is limited to safety of workers and customers
Bona fide occupational qualification (BFOQ)
Disqualification of a demographic group from employment because no one person from that group could adequately or appropriately perform the job
Validity
A plausible business reason
Demonstrated job-relatedness of selection procedure
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

12. TABLE 2.2 Presentation of Evidence in Title VII Discrimination Cases
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

13. The Use of Statistics Stock Statistics
Compare the percentages of specific internal and external demographic groups of workers at one point in time.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

14. FIGURE 2.2 Revised EEO-1 Form
SOURCE: Federal Register, November 28, 2005 (70 FR ).
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

15. The Use of Statistics (cont’d)
Relevant Labor Market (RLM)
The percentage of a specific demographic group in an appropriate external comparison group of workers
Group component determinants
Geographical location
Skill level
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

16. TABLE 2.3 Some Relevant Labor Markets Used for Statistical Comparisons
General population data
Labor force data (civilian, nonfarm, or total)
Qualified labor market data
Actual applicant flow data
Qualified actual applicant flow data
Employer’s own workforce composition (promotion cases)
Employer’s own qualified and interested workforce composition (promotion cases)
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

17. The Use of Statistics (cont’d)
Flow Statistics
Compare proportions taken from numbers gathered at two different points in time—before and after selection has taken place—to determine how minority members fared in the selection process in comparison to nonminority members.
Are used to determine if differences between the proportions is of sufficient significance to constitute evidence of discrimination.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

18. The Use of Statistics (cont’d)
Flow Statistics (cont’d)
Four-fifths rule
The ratio of any group must be at least 80 percent of the ratio of the most favorably treated group.
Standard deviation rule
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

19. Definition of an Internet Applicant
The person must submit an expression of interest in employment
The organization is considering employing the individual for a particular position.
The individual’s expression of interest indicates that the person possesses the basic qualifications for the position.
The individual must not remove herself from consideration for the position.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

20. The Uniform Guidelines on Employee Selection (1978)
The Guidelines
represent the combined viewpoints of several federal agencies:
Equal Employment Opportunity Commission (EEOC)
Civil Service Commission
Department of Labor
Department of Justice
Are not laws and are not legally binding
Are used as references for court decisions
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

21. Uniform Guidelines on Employee Selection (1978)
Guidelines address:
The determination of adverse (disparate) impact
The types of selection methods covered by the Guidelines
Defenses for selection programs
Selection requirements and outcomes
Which job performance measures can be used to demonstrate validity
Record keeping requirements
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

22. Affirmative Action Programs (AAP)
Affirmation Action
Specific actions taken by an organization to actively seek out and remove unintended barriers to fair treatment in order to achieve equal opportunity.
Affirmative Action Plan
A written document that explicitly states steps to be taken, information to be gathered, and the general baseline for decision making for each area of HRM
A guideline for actions to ensure that EEO principles are implemented within the organization.
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

23. Types of Affirmative Action Programs
Reasons for Adopting an AAP:
The organization is a government contractor
AAP is required for firms with $10,000 in federal contracts
Office of Federal Contract Compliance (OFCCP) oversees AAP development and administration
Court order (losing a court discrimination case) or signing a consent decree
legally required to balance internal workforce with the relevant labor market
May require preferential treatment to minority groups to achieve goals or quotas within specific timetables
Voluntarily attempting to implement EEO principles
Avoidance of reverse discrimination is problematic
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

24. Affirmative Action Programs (AAP) (cont’d)
Opportunity Enhancement AAPs
Focused recruitment or training directed toward target groups
Equal Opportunity AAPs
Forbid assigning negative weights to members of target groups
Tiebreak AAPs
Members of target groups are given advantage only in selection situations in which applicants are tied
Strong Preferential AAPs
Give preference to target group members even if they have inferior qualifications
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

25. TABLE 2.4 Key Issues in Major Selection Court Cases
Griggs v. Duke Power (1971) 1. Lack of discriminatory intent not sufficient defense 2. Selection test must be job related if adverse impact results 3. Employer bears burden of proof in face of apparent adverse impact
U.S. v. Georgia Power (1973) 1. Validation strategy must comply with EEOC guidelines 2. Validation must include affected groups 3. Validation must reflect selection decision practices 4. Testing must occur under standardized conditions
Spurlock v. United Airlines (1972) 1. College degree and experience requirements are shown to be job related 2. Company’s burden of proof diminishes as human risks increase
Watson v. Ft. Worth 1. Cases focusing on subjective selection devices, Bank & Trust (1988) such as interviews and judgments, could be heard as disparate impact 2. Organization may need to validate interview in same manner as objective test
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

26. TABLE 2.4 Key Issues in Major Selection Court Cases (cont’d)
Rudder v. District 1. Content validity is acceptable defense for adverse of Columbia (1995) impact 2. Job analysis, ensuring adequate representation of minority groups in data collection, is essential 3. Clear links must be shown between job analysis information, test questions, and correct answers 4. Attention to test security and administration are important
Ricci v. DeStefano (2009) 1. Adverse impact present as blacks scored lower on tests than whites and Hispanics
2. Discrimination directed toward whites and Hispanics
3. Threat of lawsuit not defense for disregarding job-related selection tests
4. Adverse impact can be defended by job relatedness of selection tests
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

27. TABLE 2.4 Key Issues in Major Selection Court Cases (cont’d)
OFCCP v. Ozark Air 1. In disability cases, organization must prove that Lines (1986) individual cannot perform job 2. Reasonable accommodation must be given to disabled individual
Gross v. FBL Financial 1. Central question – how much evidence must plaintiff Services (2009) produce in age discrimination claim to force defendant to provide evidence that it did not use age in decision 2. Plaintiff must provide clear evidence that age was “but-for” reason in decision
3. Ruling significantly increases the amount of evidence that plaintiff must provide to obtain judgment that age discrimination occurred
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

28. EEO Summary Major Legal Concepts Regarding Discrimination
Basis of Discrimination
Evidence of Discrimination
Options of the Organization
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.

29. Key Terms and Concepts Discrimination charge
Equal Employment Opportunity Commission (EEOC)
Office of Federal Contract Compliance (OFCCP)
Disability
Reasonable accommodation
Undue hardship
Essential job function
Disparate treatment
Disparate impact
McDonnell Douglas Rule
Burden of proof
Business necessity
Bona fide occupational qualification (BFOQ)
Validity
Four-Fifths Rule
Standard Deviation Rule
Stock statistics
Relevant labor market (RLM)
Flow statistics
Internet applicant
The Uniform Guidelines on Employee Selection (1978)
Affirmative Action Programs (APPs)
©2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.