1. Copyright © 2006www.biddle.com Biddle Consulting Group, Inc. 193 Blue Ravine, Ste 270 Folsom, CA 95630 1-800-999-0438 www.biddle.com Are Employers on Safe Grounds Using Validity Generalization (VG) in Making a Title VII Defense? 2006 SWARM Regional Conference Little Rock, Arkansas

2. Copyright © 2006www.biddle.com Contact Information Dan A. Biddle, Ph.D. CEO, Biddle Consulting Group, Inc. 193 Blue Ravine, Ste 270 Folsom, CA 95630 1-800-999-0438 www.biddle.com Email: Dan@Biddle.com

3. Copyright © 2006www.biddle.com Overview of Biddle Consulting Group, Inc. (BCG) Since 1974 Over 200+ cases in the EEO/AA area (both plaintiff and defense cases) Pioneers in the EEO/AA field Administrative Skills Testing (OPAC) 911 Dispatcher Testing (CritiCall) AAP Software and Services EEO Litigation Assistance (expert consulting and witness services)

4. Copyright © 2006www.biddle.com Agenda Criterion-Related Validity Validity Generalization (VG) Title VII Requirements for Tests that Exhibit Adverse Impact VG, Title VII, and the Courts Recommendations Q&A

5. Copyright © 2006www.biddle.com The Building Blocks for VG: Criterion-Related Validation Studies

6. Copyright © 2006www.biddle.com Criterion-Related Validity Demonstrated by empirical data showing that the selection procedure is predictive of, or significantly correlated with, important elements of work behavior Relies on “correlations” between tests and job criteria

7. Copyright © 2006www.biddle.com Test Job Performanc e The strength of this relationship is reported as a “Validity Coefficient” Criterion Validity

8. Copyright © 2006www.biddle.com Score on some “Criteria” (e.g., job performance, days missed work, etc.) Score on a “Test”

9. Copyright © 2006www.biddle.com Test Score = 22 Performance = 31 Test Score = 85 Performance = 55 Correlation Demo

10. Copyright © 2006www.biddle.com Interpreting Correlation Coefficients +1.00+0.50 0.00 0.00-0.50 The closer to +1.00 or -1.00 the stronger the relationship between the variables The stronger the relationship between two variables, the better the ability to predict one if given the other

11. Copyright © 2006www.biddle.com Validity CoefficientInterpretation >.35very beneficial.21 -.35likely to be useful.11 -.20depends on circumstances <.11unlikely to be useful Source: Testing and Assessment: An Employer's Guide to Good Practices (U.S. DOL, 1999). Guidelines for Interpreting Validity Coefficients

12. Copyright © 2006www.biddle.com CRV and Statistical Power Power = the ability of a statistical study to find “statistical significance” if it exists Power is determined by: –Sample size (N) –Effect size (r) –“1 tail” or “2 tail tests” and –Statistical significance level (p)

13. Copyright © 2006www.biddle.com

14. Copyright © 2006www.biddle.com Validity Generalization (VG): A Brief Overview

15. Copyright © 2006www.biddle.com VG = Meta Analysis Applied to Test Validation Research VG applies meta-analysis techniques to combine the results of several validation studies to form general theories about relationships between variables across different situations Schmidt & Hunter (1977) opened the gate to VG techniques in the personnel testing field

16. Copyright © 2006www.biddle.com VG Uses and Applications VG is typically used to answer questions about how: –Specific Tests and/or –Constructs (traits or abilities) Predict across: –Criteria –Occupations –Settings

17. Copyright © 2006www.biddle.com Meta-analysis Example: Results for Cognitive Ability for Police Officer Occupation (Aamodt, 2004)

18. Copyright © 2006www.biddle.com 90% power to detect r=.25 using sample of 134 12 studies (over half) showed no validity in local settings 8 studies had low correlations (<.11) VG output corrected for unreliability and: –Direct RR:.24 –Indirect RR:.48

19. Copyright © 2006www.biddle.com Factors That Can Influence Validity From “moving” Between Situations Factors Before/At Testing SituationFactors Occurring After Testing Sample Size Base Rate (% of applicants who “show up qualified”) Competitive Environment Other Selection Procedures Used Before/After the Test Test Content Test Administration Conditions (proctoring, time limits, etc.) Test Administration Modality (e.g., written vs. online) Test Use (ranked, banded, cutoffs used) Test Reliability (e.g., internal consistency) Test Bias (e.g., culturally-loaded content) Job Content Comparability Job Performance Criteria Reliability of Job Performance Criteria Level of Supervision/Autonomy Level/Quality of Training Provided Org./Unit Demands & Constraints Job Satisfaction Management Styles and Role Clarity Reward Structures and Processes Organizational Citizenship, Morale, and Commitment of the Workforce Organizational Culture, Norms, Beliefs, Values, Expectations Surrounding Loyalty and Conformity Organizational Socialization Strategies for New Employees Formal and Information Communication (Style, Levels, and Networks) Centralization and Formalization of Decision-Making Organization Size Physical Environment

20. Copyright © 2006www.biddle.com Title VII Requirements for Tests that Exhibit Adverse Impact

21. Copyright © 2006www.biddle.comTEST AdverseImpact? YES Is the PPT Valid? YES AlternativeEmploymentPractice? NO Defendant Prevails YES Plaintiff Prevails NO PlaintiffPrevails NO END How Can Testing Practices be Challenged? Title VII Disparate Impact Discrimination Flowchart

22. Copyright © 2006www.biddle.com Test Validation & Adverse Impact Civil Rights Act of 1991 Amends Section 703 of the 1964 Civil Rights Act (Title VII) (k)(1)(A). An unlawful employment practice based on disparate impact is established under this title only if: A(i) a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin, and the respondent fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity; OR, A(ii) the complaining party makes the demonstration described in subparagraph (C) with respect to an alternate employment practice, and the respondent refuses to adopt such alternative employment practice.

23. Copyright © 2006www.biddle.com Job Duties Performed By Incumbents In Original Validation Study Uniform Guidelines Transportability (7B) Job Duties Performed By Incumbents In New Local Situation Validity Can be “Transported”

24. Copyright © 2006www.biddle.com EEOC v. Atlas Paper (1989, 6 th Circuit) “... the expert failed to visit and inspect the Atlas office and never studied the nature and content of the Atlas clerical and office jobs involved. The VG theory utilized by Atlas with respect to this expert testimony under these circumstances is not appropriate. Linkage or similarity of jobs in dispute in this case must be shown by such on site investigation to justify application of such a theory.” The premise of the VG theory... is that intelligence tests are always valid. The first major problem with a VG approach is that it is radically at odds with Albemarle Paper v. Moody, Griggs v. Duke Power, relevant case law within this circuit, and the EEOC Guidelines, all of which require a showing that a test is actually predictive of performance at a specific job. The VG approach simply dispenses with that similarity or manifest relationship requirement... (emphasis added) (EEOC v. Atlas Paper, 868 F.2d. at 1499).

25. Copyright © 2006www.biddle.com VG, Title VII, and the Courts When the courts evaluate criterion-related validity evidence, four basic elements are typically inspected: –Statistical significance –Practical significance –Type and relevance of the job criteria –Evidence to support the specific use of the test VG has a difficult time answering these questions…

26. Copyright © 2006www.biddle.com Recommendations for Applying VG in Personnel Testing Research Recommendation #1: Address the evaluation criteria provided by the Uniform Guidelines, Joint Standards, and SIOP Principles regarding the evaluation of the internal quality of the VG study. This will help insure that the VG study itself can be relied upon for drawing inferences. Key Factors: –Publication Bias –Corrections Made and Underlying Assumptions/Justifications –Similarities of Tests and Criteria

27. Copyright © 2006www.biddle.com Recommendations for Applying VG in Personnel Testing Research Recommendation #2. Address the criteria provided by the Uniform Guidelines, Joint Standards, and SIOP Principles regarding the similarity between the VG study and the local situation. –Helps to insure that the VG study can be relied upon and the research is relevant to the local situation (similarities between tests, jobs, job criteria, etc.). –The most critical factor evaluated by courts when considering VG evidence is the similarity between jobs (see also 7B of the Uniform Guidelines). –VG evidence is the strongest where there is clear evidence that the job duties between the target position and those in the positions in the VG study are highly similar as shown by a job analysis in both situations.

28. Copyright © 2006www.biddle.com Recommendations for Applying VG in Personnel Testing Research Recommendation #3: Only use VG evidence to supplement other sources of validity evidence (e.g., content validity or local criterion-related validation studies) rather than being the sole source. –Supplementing a local criterion-related validity study with evidence from a VG study may be useful if an employer has evidence that statistical artifacts (not situational moderators) suppressed the actual validity of the test in the local situation (provided that the job comparability criteria of 7B UGESP has been met).

29. Copyright © 2006www.biddle.com Recommendations for Applying VG in Personnel Testing Research Recommendation #4: Evaluate the test fairness evidence from the VG study using the methods outlined by the Uniform Guidelines, Joint Standards, and SIOP Principles. Recommendation #5: Evaluate and consider using “alternate employment practices” that are “substantially equally valid” (as required by the 1991 Civil Rights Act Section 2000e- 2[k][1][A][ii] and Section 3B of the Uniform Guidelines).

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