Employment Discrimination Litigation

This practical resource includes perspectives from the point of view of both plaintiff and defendant for cases involving questions of race, gender, disability, and age. In addition, it offers an overview of the process by which complaints are filed, the statutes under which they are filed, and the authority represented by various case law. Employment Discrimination Litigation will illuminate myriad issues such as Daubert motions, class certification issues, the setting of cut scores that will withstand challenge, common statistical analyses of adverse impact, and merit-based issues. Employment Discrimination Litigation also

Presents a temporal description of a typical employment discrimination case from start to finish
Outlines the major guidelines that are often invoked in employment litigation—the A.P.A. Standards, Uniform Guidelines, and SIOP Principles
Reviews litigation related to the Fair Labor Standards Act
References written judicial opinions that relate the activities and devices most often employed by industrial and organizational psychologists

Frank J. Landy is a consultant and researcher for the United States Department of Labor, Department of Justice, Department of State, Department of Defense, the Equal Employment Opportunity Commission, the U.S. Nuclear Regulatory Commission, and other agencies. Currently, as SHL Litigation Support Services CEO, Landy is working in the area of employment discrimination and human factors litigation.
The Professional Practice Series is sponsored by The Society for Industrial and Organizational Psychology, Inc. (SIOP). The series was launched in 1988 to provide industrial and organizational psychologists, organizational scientists and practitioners, human resources professionals, managers, executives, and those interested in organizational behavior and performance with volumes that are insightful, current, informative, and relevant to organizational practice.

Foreword xiii

Preface xv

The Authors xxi

Part One: Foundations of Litigation 1

1 Phases of Employment Litigation 3
Frank J. Landy

2 Adverse Impact: Judicial, Regulatory, and Statutory Authority 20
Arthur Gutman

3 Professional and Technical Authorities and Guidelines 47
Richard Jeanneret

4 Statistical Trends in Private Sector Employment Discrimination Suits 101
Donald L. Zink, Arthur Gutman

5 Statistical Issues in Litigation 132
Bernard R. Siskin, Joseph Trippi

6 Industrial and Organizational Psychologists as Expert Witnesses: Affecting Employment Discrimination Litigation Post Daubert 167
George C. Thornton III, Peter H. Wingate

Part Two: Case Law, Case Strategy, and Protected Groups 199

7 Race Discrimination Cases: Common Themes 201
James L. Outtz

8 Sex Discrimination in Employment 229
Barbara A. Gutek, Margaret S. Stockdale

9 The Age Discrimination in Employment Act 256
Harvey L. Sterns, Dennis Doverspike, Greta A. Lax

10 Title I of the Americans with Disabilities Act: The Short but Active History of ADA Enforcement and Litigation 294
Jone McFadden Papinchock

11 Wage and Hour Litigation: I-O Psychology's New Frontier 336
Cristina Banks, Lisa Cohen

Part Three: Special Topics 371

12 The Importance of Valid Selection and Performance Appraisal: Do Management Practices Figure in Case Law? 373
Stan Malos

13 Cut Scores and Employment Discrimination Litigation 410
Jerard F. Kehoe, Angela Olson

14 A Lawyer's View 450
David Copus, Richard S. Ugelow, Joshua Sohn

15 A Judge's View: Interviews with Federal Judges About Expert Witness Testimony 503
Frank J. Landy

Part Four: Conclusions 573

16 Concluding Thoughts 575
James L. Outtz, Frank J. Landy

Name Index 591

Subject Index 599

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Employment Discrimination Litigation Behavioral, Quantitative, and Legal Perspectives

Summary

Author Biography

Table of Contents

Supplemental Materials