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19 The following series of questions and answers are designed to clarify and interpret, but not to modify, the uniform Guidelines on Employee Selection Procedures that were adopted on August 25, 1978, by the Equal Employment Opportunity Commission (), Office of Personnel Management (5 CFR 300), U. In those circumstances, if the written examination had an adverse impact, its use would tend to keep incumbent black employees in the laborer department, and deny them entry to apprenticeship programs.
On the other hand, if a lower selection rate continued over a period of time, so as to constitute a pattern, then the lower selection rate would constitute adverse impact, warranting the need for validity evidence. Assume further that for the last four years, there have been special recruitment efforts aimed at recent black high school graduates and that the selection process, which includes the written examination, has resulted in the selection of black applicants for apprenticeship in approximately the same rates as white applicants.
Generally, it is inappropriate to require validity evidence or to take enforcement action where the number of persons and the difference in selection rates are so small that the selection of one different person for one job would shift the result from adverse impact against one group to a situation in which that group has a higher selection rate than the other group. Is it ever necessary to calculate the statistical significance of differences in selection rates to determine whether adverse impact exists? The employer stopped making racial assignments in 1972.
Elksnin & Elksnin, 1998; Frederick & Olmi, 1994; Margalit, 1993; Swanson & Malone, 1992). Department of Education (1996) indicated that 29% of adolescents with disabilities required social skills instruction beyond high school. Elksnin and Nick Elksnin Strategies teachers can use to teach parents to teach their children to be prosocial are described. These strategies include teaching incidentally, performing social skills autopsies, coaching emotions, and assigning homework. 1, Part 51) and the Office of Federal Contract Compliance Programs (41 CFR, Ch. In these circumstances, the enforcement agency would not require validity evidence in the absence of additional information (such as selection rates for a longer period of time) indicating adverse impact. Is evidence of adverse impact sufficient to warrant a validity study or an enforcement action where the numbers involved are so small that it is more likely than not that the difference could have occurred by chance? In this example, the difference in selection rates is too small, given the small number of black applicants, to constitute adverse impact in the absence of other information (see Section 4D). When the 4/5th rule of thumb shows adverse impact, is there adverse impact under the Guidelines? There usually is adverse impact, except where the number of persons selected and the difference in selection rates are very small. Many decisions in day-to-day life are made without reliance upon a test of statistical significance. Assume, for example, an employer who traditionally hired blacks as employees for the "laborer" department in a manufacturing plant, and traditionally hired only whites as skilled craftsmen. 91 through 93) became effective as of May 2, 1980 (45 F. For example, if the employer selected three males and one female from an applicant pool of 20 males and 10 females, the 4/5ths rule would indicate adverse impact (selection rate for women is 10%; for men 15%; 10/15 or 662/3% is less than 80%), yet the number of selections is too small to warrant a determination of adverse impact. If the numbers of persons and the difference in selection rates are so small that it is likely that the difference could have occurred by chance, the Federal agencies will not assume the existence of adverse impact, in the absence of other evidence. For this reason, the Guidelines do not rely primarily upon a test of statistical significance, but use the 4/5ths rule of thumb as a practical and easy-to-administer measure of whether differences in selection rates are substantial. Are there any circumstances in which the employer should evaluate components of a selection process, even though the overall selection process results in no adverse impact? Yes, there are such circumstances: (1) Where the selection procedure is a significant factor in the continuation of patterns of assignments of incumbent employees caused by prior discriminatory employment practices.
This course material will equip mental health professionals to gain a basic understanding of core ethical principles and standards related to the topics discussed and to ethical decision making generally, but cannot cover every possible circumstance.