1 / 14

Understanding Employment Law: Key Legislation and Job Analysis Implications

This chapter examines significant legislation impacting employment practices, including the 14th and 5th Amendments, the Equal Pay Act, the Civil Rights Act, and the Americans with Disabilities Act. It discusses how these laws shape job analysis (JA) and the requirements for compliance in employment decisions. The chapter emphasizes the importance of establishing criteria based on observable behaviors, essential duties, and the necessary KSAOs (Knowledge, Skills, Abilities, and Other characteristics) to ensure fair and equitable treatment in the workplace.

fulton-watts
Télécharger la présentation

Understanding Employment Law: Key Legislation and Job Analysis Implications

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 6JA and the Law

  2. JA and the Law • Legislation and Regulations • Constitution • 14th Amendment (equal protection) • 5th Amendment (due process) • Federal Legislation • Equal Pay Act • Civil Rights Act • Age Discrimination Employment Act • Rehabilitation Act • Americans with Disabilities Act • Laws linked to Job Analysis

  3. Federal Legislation • Constitution (rare) • Not specific to employment practices • Burden of proof on claimant • Civil Rights Act – better alternative • 14th Amendment (State governments) • Equal Protection clause • Used for “reverse discrimination” for majority group • 5th Amendment (Federal government) • Due Process

  4. Federal Legislation • Equal Pay Act (1963) • Gender: Equal pay for equal work • What are the implications for JA? • Civil Rights Acts (1964 and 1972) • Title VII – race, color, sex, religion, nat’l origin • Griggs v. Duke Power Company (‘71) • EEOC to enforce it • “all conditions or privileges of employment” • For adverse impact or disparate treatment • Only for protected groups

  5. Federal Legislation (con’t) • Age Discrimination Act (1967) • Protect those aged 40+ • Rehabilitation Act (1973) • Protects “handicapped” (disability) • Only for federal contractors • ADA (1990) • With “disability” that limits major life activity • Requires reasonable accommodation • E.g. of one for your job?

  6. Enforcement of EEO Laws • OFCCP – for federal contractors • DCI Group consultants for compliance • EEOC (and EEO for state) – other businesses • “Uniform Guidelines on Employee Selection Procedures” • Five fed agencies: • OFCCP, OPM, DOL, DOJ, Dept of Treasury, • Used by EEOC to determine unlawful discrimination

  7. Executive Orders • Executive Order (11246) • Nondiscrimination and affirmative Action • For race, color, religion, sex, nat’l origin • OFCCP – guidelines for requiring employers (fed) to hire minorities and women • Goals and timetables • Goes beyond Civil Rights Acts • Which states that employers should ignore demographic features • Issues consent decrees (for those under found guilty) • What’s the difference in goals and quotas?

  8. Professional Standards • Standards for Educational and Psychological Testing (1999) • American Psychological Association • American Educational Research Association • National Council on Measurement in Education • Test Fairness • Social and political issues • Selection bias • Minorities score lower on predictors but not on criteria • SIOP (2003) • Principles for the Validation and Use of Personnel Selection proc. • Good practices for development and use of tests (selection)

  9. Prescriptions for JA • Selection (“Principles” from SIOP) • Validity from: • Correlations between predictors and criteria • “Criterion related validity” • Degree of match for content of test and criterion • “Content validity” • Construct validity • Convergent and divergent relationships • Validity generalization (Hunter & Schmidt, ‘04)

  10. Validity (con’t) …other types • Internal structure • Re: development processes • Interrelations among • Components of selection • Test items (alphas) • Scales and constructs • Cognitive tasks (capturing mental processes) • Consequences of test use • E.g. does the test really work

  11. JA and Principles • JA needed • For Complete job description • Essential duties • KSAOs • To Establish criteria • Federal Law (none for JA type) • Need to specify • Essential duties • Minimal qualifications

  12. EEOC & OFCCP • Guidelines definitions: (Table 6.1) • Focus on • “observable behaviors and • important tasks • Content validity • Show the test behaviors are representative of job behaviors • Sample of most or all important tasks • Construct • Trait or attribute (KSAO) must be related to job

  13. Case Law Thompson & Thompson (1982) • Must have JA for selection instruments • Report required • Detailed procedure • Knowledgeable analysts / current sources • Incumbents... the more the better • Include duties/activities • Most important (essential) tasks included • Standards (min quals) for entry level • Specify KSAs required

  14. Case Law • Arvey & Farley (1988) added… • Weight test content to importance • Show how content test was developed • Quality of infor more important than method include…(Brumback) • Task frequency data • JA should be able to be replicated • How importance was determined • Measure of trainability / difficulty of job requirements

More Related