1. Chapter 6 JA and the Law

2. 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

3. 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

4. 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

5. 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?

6. 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

7. 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?

8. 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)

9. 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)

10. 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

11. 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

12. 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

13. 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

14. 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