Article

Legal Constraints on Personnel Selection Decisions

Arthur Gutman

in The Oxford Handbook of Personnel Assessment and Selection

Published in print March 2012 | ISBN: 9780199732579
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199732579.013.0030

Series: Oxford Library of Psychology

 Legal Constraints on Personnel Selection Decisions

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  • Organizational Psychology
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This chapter examines critical Equal Employment Opportunity (EEO) case law precedents relating to personnel selection, with an emphasis on hiring, promotion, and termination. Several major laws are discussed, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendments Act of 2008 (ADAAA), the Civil Rights Act of 1991 (CRA-91), and Executive Order 11246 on Affirmative action. Six main topics are covered, including (1) disparate treatment theory, (2) Title VII adverse impact theory related to standardized tests, (3) selection issues associated with age discrimination, (4) diversity as a compelling government interest, (5) selection issues associated with disability discrimination, and (6) retaliation. The case law surveyed focuses on costly mistakes employers can make. Recommendations are made to prevent these mistakes from occurring, and to correct them if they occur.

Keywords: eeo laws; workplace discrimination; adverse impact; disparate impact; disparate treatment; title vii; adea; reduction in force (rif); ada; reasonable accommodation; retaliation

Article.  25500 words. 

Subjects: Psychology ; Organizational Psychology ; Research Methods in Psychology

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