Chapter 6 JA and the Law 1

JA and the Law Legislation and Regulations – Constitution 14 th Amendment (equal protection) 5 th 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 2

Federal Legislation Constitution (rare) – Not specific to employment practices – Burden of proof on claimant – Civil Rights Act – better alternative – 14 th Amendment (State governments) Equal Protection clause Used for reverse discrimination for majority group – 5 th Amendment (Federal government) Due Process 3

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, natl 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 4

Federal Legislation (cont) 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? 5

Enforcement of EEO Laws OFCCP – for federal contractors – DCI Group consultants for compliance DCI Group EEOC (and EEO for state) – other businesses Uniform Guidelines on Employee Selection ProceduresGuidelines – Five fed agencies: OFCCP, OPM, DOL, DOJ, Dept of Treasury, Used by EEOC to determine unlawful discrimination 6

Executive Orders Executive Order (11246) – Nondiscrimination and affirmative Action For race, color, religion, sex, natl 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) – Whats the difference in goals and quotas? 7

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) 8

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) 9

Validity (cont) …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 10

JA and Principles JA needed – For Complete job description Essential duties KSAOs – To Establish criteria Federal Law (none for JA type) – Need to specify Essential duties Minimal qualifications 11

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 12

Case Law Thompson & Thompson (1982) 1.Must have JA for selection instruments 2.Report required 3.Detailed procedure 4.Knowledgeable analysts / current sources 5.Incumbents... the more the better 6.Include duties/activities 7.Most important (essential) tasks included 8.Standards (min quals) for entry level 9.Specify KSAs required 13

Case Law Arvey & Farley (1988) added… 1.Weight test content to importance 2.Show how content test was developed 3.Quality of infor more important than method include…(Brumback) 4.Task frequency data 5.JA should be able to be replicated 6.How importance was determined 7.Measure of trainability / difficulty of job requirements 14