Employment Discrimination Litigation: Behavioral, Quantitative, and Legal Perspectives

In one comprehensive resource, this groundbreaking book assembles the facts, insights, lessons learned, and trends that are most relevant in the field of employment discrimination litigation. Written by a distinguished panel of  lawyers, scientists, judges, scholars, and human resource managers, Employment Discrimination Litigation draws together the most current information from various disciplines—law, psychology, statistics, economics, sociology, and human resources—to help professional psychologists navigate their way through the tangle of employment law. 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 The book also summarizes and integrates the key points of employment discrimination litigation to present a vision for the future.

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

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 .