Employment Discrimination Litigation (eBook)

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

"Highly experienced contributors address a wide variety of topics
that lie at the core of today's employment discrimination
class action lawsuits. The invaluable advice offered in each
chapter makes Employment Discrimination Litigation a
'must read' for corporate human resources executives
and employment counsel attempting to navigate successfully in an
increasingly litigious employment environment."

--Jeffrey A. Norris, Esq., senior partner, McGuiness Norris &
Williams, LLP and president, Equal Employment Advisory Counsel

"Frank Landy has produced a primer on fundamental issues in
employment litigation. This should be required reading for both
experts who work in the field as well as those with less experience
who want to learn more about the issues."

--Irwin Goldstein, vice chancellor of academic affairs, University
System of Maryland

"As the demographics of the workforce shift dramatically over
the next decade, and the applicant pool becomes increasingly
diverse, this book is of utmost relevance to those who want to
avoid costly employment litigation and hire the best people."

--Mirian Graddick-Weir, executive vice president of human
resources, AT&T