Current Trends in the Use (and Misuse) of Statistics in Employment Discrimination Litigation PDF Download
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Author: Frank C. Morris jr.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Frank C. Morris jr.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Frank C. Morris
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 220
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Book Description
Author: Frank C. Morris jr.
Publisher:
ISBN:
Category :
Languages : en
Pages : 206
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Book Description
Author: D.H. Kaye
Publisher: CRC Press
ISBN: 1498710484
Category : Mathematics
Languages : en
Pages : 233
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Book Description
This book sketches some of the legal doctrines that underlie discrimination litigation. It describes and probes frequently seen statistical methods. The book also describes the more or less standard methods being brought into United States Supreme Court.
Author: George Rutherglen
Publisher:
ISBN:
Category : Discrimination in employment
Languages : en
Pages : 268
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Author: Joni Hersch
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Statistical analyses play an important role in employment discrimination cases, as the Supreme Court has long recognized. Regression analysis can help a plaintiff establish a claim of discrimination under Title VII of the Civil Rights Act of 1964 by showing that, even when controlling for relevant characteristics, individuals of a certain class were treated differently than other employees or applicants. It can also help a defendant rebut such a claim by showing that differential treatment was due to characteristics other than being a member of a protected class. Yet, too often, opposing experts present invalid rebuttal evidence that the jury or judge overweighs. Opposing experts routinely criticize three aspects of the regression: the regression's explanatory variables, its sample size, and its statistical significance. Even though these factors affect the reliability of the regression results only in very limited circumstances, the judge or jury is often persuaded by them and find for the defendant. As a result, valid regression analyses do not perform the critical work that they should in employment discrimination cases. Our own statistical analyses of seventy-eight Title VII employment discrimination cases finds that regression analyses do not substantially increase the plaintiff's likelihood of prevailing at trial and that if the court recognizes any of these common critiques, the plaintiff is much less likely to prevail. The severe consequences of such critiques make it very important for the court and opposing experts to recognize when these critiques are without merit. We propose that courts adopt a peer-review system in which court-appointed economists, compensated by each party as a percentage of the total payment to econometric expert witnesses, review econometric evidence before the reports are submitted to the judge or jury.
Author: Scott B. Morris
Publisher: Psychology Press
ISBN: 1315301423
Category : Business & Economics
Languages : en
Pages : 401
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Book Description
Compliance with federal equal employment opportunity regulations, including civil rights laws and affirmative action requirements, requires collection and analysis of data on disparities in employment outcomes, often referred to as adverse impact. While most human resources (HR) practitioners are familiar with basic adverse impact analysis, the courts and regulatory agencies are increasingly relying on more sophisticated methods to assess disparities. Employment data are often complicated, and can include a broad array of employment actions (e.g., selection, pay, promotion, termination), as well as data that span multiple protected groups, settings, and points in time. In the era of "big data," the HR analyst often has access to larger and more complex data sets relevant to employment disparities. Consequently, an informed HR practitioner needs a richer understanding of the issues and methods for conducting disparity analyses. This book brings together the diverse literature on disparity analysis, spanning work from statistics, industrial/organizational psychology, human resource management, labor economics, and law, to provide a comprehensive and integrated summary of current best practices in the field. Throughout, the description of methods is grounded in the legal context and current trends in employment litigation and the practices of federal regulatory agencies. The book provides guidance on all phases of disparity analysis, including: How to structure diverse and complex employment data for disparity analysis How to conduct both basic and advanced statistical analyses on employment outcomes related to employee selection, promotion, compensation, termination, and other employment outcomes How to interpret results in terms of both practical and statistical significance Common practical challenges and pitfalls in disparity analysis and strategies to deal with these issues
Author: Frank J. Landy
Publisher: John Wiley & Sons
ISBN: 9780787978198
Category : Business & Economics
Languages : en
Pages : 352
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Book Description
This practical resource includes perspectives from the point ofview of both plaintiff and defendant for cases involving questionsof race, gender, disability, and age. In addition, it offers anoverview of the process by which complaints are filed, the statutesunder which they are filed, and the authority represented byvarious case law. Employment Discrimination Litigation willilluminate myriad issues such as Daubert motions, classcertification issues, the setting of cut scores that will withstandchallenge, common statistical analyses of adverse impact, andmerit-based issues. Employment Discrimination Litigationalso Presents a temporal description of a typical employmentdiscrimination case from start to finish Outlines the major guidelines that are often invoked inemployment litigation—the A.P.A. Standards, UniformGuidelines, and SIOP Principles Reviews litigation related to the Fair Labor Standards Act References written judicial opinions that relate the activitiesand devices most often employed by industrial and organizationalpsychologists
Author: Ramona L. Paetzold
Publisher: McGraw-Hill Companies
ISBN:
Category : Law
Languages : en
Pages : 672
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Book Description
Author: Stephen E. Fienberg
Publisher: Springer Science & Business Media
ISBN: 1461236045
Category : Law
Languages : en
Pages : 359
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Book Description
With increasing frequency, the proof of facts in legal proceedings en tails the use of quantitative methods. Judges, lawyers, statisticians, social scientists, and many others involved in judicial processes must address is sues such as the evaluation and interpretation of quantitative evidence, the ethical and professional obligations of expert witnesses, and the roles of court-appointed witnesses. The Panel on Statistical Assessments as Evi dence in the Courts was convened to help clarify these issues and provide some guidance in addressing the difficulties encountered in the use of quan titative assessments in legal proceedings. This report is the culmination of more than three years of research and deliberation. In it, we address a variety of issues that arise in federal and state court proceedings when statistical assessments such as quantitative descriptions, causal inferences, and predictions of events based on earlier occurrences are presented as evidence. We appraise the forms in which such assessments are presented, aspects of their admission into evidence, and the response to and evaluation of them by judges and juries.
