Legal Issues in Selection

1
Legal Issues in Selection
2
Objectives

• Discuss the 4/5th rule and its impact on
  selection of people
• Discuss the criteria for record keeping in the
  selection process
• Review recommendations for a better selection
  program

3

• Selection Programs
• Good probability of making
• accurate selections
• Selection decisions used, do
• chance for discrimination

4
Employment Discrimination
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Concept of Adverse Impact

• If company ABC hired 50 all white engineers who
  applied
• Must hire a minimum of 40 non-white engineers
  who applied (in the protected class Hispanic,
  Asians or Blacks)
• If not, the company ABC will be in volition of
  the 4/5th rule
• Selection devices (assessments) could have
  adverse impact

6
Griggs v Duke Power Company

• When human resource management practices
  eliminate higher percentage of minority or women
  applicants, the burden of proof is on the
  employer to show the practice is job related.

7
OFCCP Record Keeping
Office of Federal Contract Compliance Programs

• Records regarding the selection process
• Individuals that met qualifications
• Individuals are and remained interested in the
  position
• 2 years from date the search starts
• Data management techniques

8
Recommendations for A Selection Program

• Determine whether a job seeker becomes an
  applicant before, during or after prescreening
  test
• Keep records of applicants EEO information
• Have all applicant take the same tests under the
  same standards
• Be able to justify your questions

9
Recommendations for A Selection Program

• Avoid questions related to protected status
• Focus on job requirements
• Ask objective questions
• Consult with an industrial psychologist on
  purchase or design of selection measures