Bottom Line Hiring Data

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Bottom Line Hiring Data

• Making Sense
• of the Numbers

Presented by Shelley Langan Manager, Special
Projects Policy Division, State Personnel Board
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What is Bottom Line Hiring Data and Why is it
Needed?

• Bottom Line Hiring data indicates the results of
  a selection process and the presence of adverse
  impact
• Each step of the selection process is evaluated
  for the presence of adverse impact
• The passing rate of each group of candidates is
  calculated
• Each groups passing rate is compared to the
  passing rate of the highest passing group
• 80 or 4/5ths rule

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80 or 4/5ths Rule
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History of Adverse Impact

• Griggs v. Duke Power (1971)
• Using the standard of the Civil Rights Act of
  1964, the Court said
• Nothing in the Act Title VII prevents employers
  from requiring that applicants be fit for the
  job.
• Any selection procedure resulting in adverse
  impact must be shown to be based upon business
  necessity (that is, job-related)
• Whether an employer intends to discriminate does
  not matter

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History of Adverse Impact

• Uniform Guidelines on Employee Selection
  Procedures
• Adopted in 1978
• Adopted by four federal agencies
• Equal Employment Opportunity Commission
• Civil Service Commission
• Department of Labor
• Department of Justice
• Provide a uniform federal position on illegal
  discrimination in employment selection

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History of Adverse Impact

• Connecticut v. Teal (1982)
• The employer must ensure that all components of a
  multiple-step selection process have no adverse
  impact.
• Evidence of adverse impact at any step of the
  selection process constitutes adverse impact
• Employers can not hide adverse impact in a
  process by demonstrating none at the bottom line

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Adverse Impact

• So...
• Evidence of adverse impact must be considered
• Bottom line hiring data is the evidence
• Adverse impact is only defensible on the basis of
  job-relatedness (i.e., business necessity)

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Bottom Line Hiring Data

• Bottom Line Hiring Report
• Evidence of adverse impact is looked for at each
  step of the selection process
• Application screening
• Written exam
• Interview
• Performance test
• List eligibility
• Appointment

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Bottom Line Hiring Data

• Bottom Line Hiring Report
• Types of reports
• 631 - by ethnicity and gender
• 632 - by age group and gender
• 633 - by disability and gender
• 634 - by disability and gender (combined
  disability s, too)
• 636 - by ethnicity and gender (others and DNSs
  combined)
• How to interpret reports
• 80 rule (4/5ths rule)

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Interpreting the Bottom Line Hiring Report
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Interpreting the Bottom Line Hiring Report
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Interpreting the Bottom Line Hiring Report

• Is there evidence of adverse impact at any step
  in the selection process?
• At what point in the process is the adverse
  impact occurring?
• Can the adverse impact be justified on the basis
  of job-relatedness?

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Interpreting the Bottom Line Hiring Report
Interpreting the Bottom Line Hiring Report(cont.)

• Are there alternate selection procedures that
  could be used to assess candidate qualifications
  that would not result in adverse impact or would
  provide for lesser adverse impact?
• Use a performance test rather than an interview
• Use a written exam rather than an essay test

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Interpreting the Bottom Line Hiring Report(cont.)

• Is there a consistent pattern of adverse impact
  for certain classifications or for certain types
  of selection procedures used for these
  classifications?
• Can the reason for the adverse impact be
  identified?
• Is there adverse impact for one classification
  that could be impacting hiring results for the
  whole occupational group?

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What Next?

• Ensure that selection processes and their
  individual selection procedures are job-related
  (whether or not evident of adverse impact exists)
• Ensure that selection procedures are soundly
  developed to accurately and appropriately assess
  candidate qualifications
• Ensure that exam staff are adequately trained
• Ensure that hiring supervisors are trained to
  make sound, job-related hiring decisions

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The challenge in interpreting bottom line hiring
data...