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Chapter 6 JA and the Law

Chapter 6 JA and the Law. 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

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Chapter 6 JA and the Law

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  1. Chapter 6JA and the Law

  2. JA and the Law • Legislation and Regulations • 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 • For Complete job description • Essential duties • KSAOs • To Establish criteria • Federal Law (none for JA type) • Need to specify • Essential duties • 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 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

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