Legal issues in selection
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Legal Issues in Selection. Objectives. Discuss the 4/5 th rule and its impact on selection of people Discuss the criteria for record keeping in the selection process Review recommendations for a better selection program. Selection Programs. Selection Programs:

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Legal Issues in Selection

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Legal issues in selection

Legal Issues in Selection


Objectives

Objectives

  • Discuss the 4/5th rule and its impact on selection of people

  • Discuss the criteria for record keeping in the selection process

  • Review recommendations for a better selection program


Legal issues in selection

Selection Programs

  • Selection Programs:

  • Good probability of making

  • accurate selections

  • Selection decisions used, do

  • chance for discrimination


Employment discrimination

Employment Discrimination


Legal issues in selection

Concept of Adverse Impact

  • If company ABC hired 50% all white engineers who applied

  • Must hire a minimum of 40% non-white engineers who applied (in the protected class Hispanic, Asians or Blacks)

  • If not, the company ABC will be in volition of the 4/5th rule

  • Selection devices (assessments) could have adverse impact


Griggs v duke power company

Griggs v Duke Power Company

When human resource management practices eliminate higher percentage of minority or women applicants, the burden of proof is on the employer to show the practice is job related.


Ofccp record keeping

OFCCP Record Keeping

  • Records regarding the selection process

    • Individuals that met qualifications

    • Individuals are and remained interested in the position

    • 2 years from date the search starts

  • Data management techniques

Office of Federal Contract Compliance Programs


Recommendations for a selection program

Recommendations for A Selection Program

  • Determine whether a job seeker becomes an applicant before, during or after prescreening test

  • Keep records of applicants’ EEO information

  • Have all applicant take the same tests under the same standards

  • Be able to justify your questions


Recommendations for a selection program1

Recommendations for A Selection Program

  • Avoid questions related to protected status

  • Focus on job requirements

  • Ask objective questions

  • Consult with an industrial psychologist on purchase or design of selection measures


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