Dr. Charles Handler has published on ERE.Net an article dealing with legal actions taken by the EEOC/OFCCP that were taken over the past decade. It’s a deeply detailed and engrossing article. A lot of food for thought.
Handler quotes to a great extent the unpublished doctoral thesis that was written by Kate Williams. The thesis is entitled, Legal Risk in Selection: An Analysis of Process and Tools. As handler writes…”Williams’ paper is basically an analysis of the data provided by the Bureau of National Affairs, a private company that publishes information and analysis for business and government. ”
The article and paper details the legal proceedings and the subsequent outcomes on cases the EEOC and OFCCP filed concerning hiring practices they suspected to be discriminatory or unfair in some way. As Handler writes…”
The findings reported cover two key areas:
- Issues with a particular type of selection measure or test including: unstructured interviews, structured interviews, biodata measures, cognitive ability tests, psychomotor tests, and “other tests.”
- Issues with the way the selection tools were used within the hiring process, including the following key issues: lack of documentation, inconsistent process, quota for affirmative action programs, recruiting source violations, violations of the 4/5th rule, and “other” process issues.
