ERIC Number: ED393928
Record Type: RIE
Publication Date: 1995-Jun
Reference Count: N/A
Are We Now, Where We Were Then--The Bell Curve and the Gingrich Revolution--Implications for Employment Testing Litigation.
Pyburn, Keith M., Jr.
Because of a congruity of developments in the knowledge base concerning tests, external political factors, and legal factors, responsible use of employment tests could be on the verge of widespread acceptability. However, the possibility also exists that tests will once again become the scapegoat for "bad news." This review of the legal challenges to the use of employment tests shows both the opportunities and risks that currently confront employment testing. Challenges to tests of mental ability actually predate the Civil Rights Act of 1964. In the "Griggs v. Duke Power Co." decision of 1971 the Supreme Court announced the "Disparate Impact" theory of discrimination and approved the standards of the Equal Employment Opportunity Commission that required an employer to show that a test is valid for the job or class for which it is used. After almost 20 years, the Supreme Court has altered the disparate impact standard and made it much easier for employers to justify tests. A series of court cases illustrates the recent decline in the number of cases involving significant issues in testing. In the 1980s, plaintiffs began to turn away from the courts, where they often lost, and turned toward the federal bureaucracy and Congress, as exemplified by some provisions of the 1991 Civil Rights Act. (Contains one table and one graph.) (SLD)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Disparate Impact Theory
Note: Paper presented at the Annual Meeting of the International Personnel Management Association Assessment Council Conference (New Orleans, LA, June 25-29, 1995).