1. Bottom Line Hiring Data Making Sense of the Numbers Presented by Shelley Langan Manager, Special Projects Policy Division, State Personnel Board

2. What is Bottom Line Hiring Data and Why is it Needed? Bottom Line Hiring data indicates the results of a selection process and the presence of adverse impact n n Each step of the selection process is evaluated for the presence of adverse impact – –The passing rate of each group of candidates is calculated – –Each group’s passing rate is compared to the passing rate of the highest passing group n n 80% or 4/5ths rule

3. 80% or 4/5ths Rule

4. History of Adverse Impact Griggs v. Duke Power (1971) n n Using the standard of the Civil Rights Act of 1964, the Court said: Nothing in the Act [Title VII] prevents employers from requiring that applicants be fit for the job. – –Any selection procedure resulting in adverse impact must be shown to be based upon business necessity (that is, job-related) – –Whether an employer intends to discriminate does not matter

5. History of Adverse Impact Uniform Guidelines on Employee Selection Procedures n n Adopted in 1978 n n Adopted by four federal agencies: – –Equal Employment Opportunity Commission – –Civil Service Commission – –Department of Labor – –Department of Justice n n Provide a uniform federal position on illegal discrimination in employment selection

6. History of Adverse Impact Connecticut v. Teal (1982) n n The employer must ensure that all components of a multiple-step selection process have no adverse impact. n n Evidence of adverse impact at any step of the selection process constitutes adverse impact n n Employers can not hide adverse impact in a process by demonstrating none at the bottom line

7. Adverse Impact So... n n Evidence of adverse impact must be considered – –Bottom line hiring data is the evidence n n Adverse impact is only defensible on the basis of job-relatedness (i.e., business necessity)

8. Bottom Line Hiring Data Bottom Line Hiring Report n n Evidence of adverse impact is looked for at each step of the selection process – –Application screening – –Written exam – –Interview – –Performance test – –List eligibility – –Appointment

9. Bottom Line Hiring Data Bottom Line Hiring Report n n Types of reports – –631 - by ethnicity and gender – –632 - by age group and gender – –633 - by disability and gender – –634 - by disability and gender (combined disability #s, too) – –636 - by ethnicity and gender (others and DNSs combined) n n How to interpret reports n n 80% rule (4/5ths rule)

10. Interpreting the Bottom Line Hiring Report

12. n n Is there evidence of adverse impact at any step in the selection process? n n At what point in the process is the adverse impact occurring? n n Can the adverse impact be justified on the basis of job-relatedness?

13. Interpreting the Bottom Line Hiring Report n n Are there alternate selection procedures that could be used to assess candidate qualifications that would not result in adverse impact or would provide for lesser adverse impact? – –Use a performance test rather than an interview – –Use a written exam rather than an essay test Interpreting the Bottom Line Hiring Report (cont.)

14. n n Is there a consistent pattern of adverse impact for certain classifications or for certain types of selection procedures used for these classifications? – –Can the reason for the adverse impact be identified? n n Is there adverse impact for one classification that could be impacting hiring results for the whole occupational group?

15. What Next? n n Ensure that selection processes and their individual selection procedures are job-related (whether or not evident of adverse impact exists) n n Ensure that selection procedures are soundly developed to accurately and appropriately assess candidate qualifications n n Ensure that exam staff are adequately trained n n Ensure that hiring supervisors are trained to make sound, job-related hiring decisions

16. The challenge in interpreting bottom line hiring data...