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U of M PSY 3711 - Fairness, bias, and the law

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PSY 3711 1st Edition Lecture 15Outline of Last Lecture I. Age related stereotypesII. ExperienceOutline of Current LectureI. TermsII. ContextIII. Examining evidence for biasIV. Legal issues with subgroup differencesCurrent LectureI. Termsa. Discrimination: unfair dis/advantage or treatment to different categories of peoplei. Recognition and understanding of a differenceii. Ability to judge what is of high quality/good judgment/ tasteb. Fairness: subjective judgment that refers to societ values about whether or not a selection decision is just or fairc. Bias: technical concept concerned with whether or not a predictor score misrepresents a person’s likelihood of effective future performanceII. Contexta. Predicting performance and other criteria is central goalb. Cognitive ability tests have some of the highest validities for predicting job performancec. Subgroup differences on GMA scores  white mean score d=1.0 higher than blacksd. Differences do not parallel observed subgroup differences in job performancee. Although test bias would be a convenient solution, there is not much evidence for test biasf. Disparate impact theory: employment practices considered discriminatory, illegal if shown to produce disproportionate adverse impact against protectedclass membersg. Adverse impact: % minority applicants selected (20%) differs from % majority selected (50%) by less than 80% ratioh. Subgroup differences have major implications for HR and IOThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.i. As differences in predictor scores increase, likelihood of selecting lower subgroup members decreasej. Risk of violating 80% rule increases and threat of legal action increasesk. Diversity-validity dilemmal. Differences apply to groups, not individualsm. Measure group differences with cohen’s dIII. Examining evidence for biasa. Three approachesi. Mean score differences between groupsii. Differential validity across groupsiii. Differential prediction across groupsb. Differential validity: differences between validity coefficients across subgroupsc. Differential predictioni. Different models of predictive bias existii. Predictor oriented most used and legally defensible modeliii. Regression used to test for slope and/or intercept differencesIV. Legal issues with subgroup differencesa. Disparate treatmenti. Based on intention to discriminateii. Direct evidenceiii. Circumstantial evidenceiv. Mixed motiveb. Disparate impacti. Based on unintentional discriminationii. Common standards or procedures applied  leads to substantial difference in outcomes for members of a group and unrelated to success on the jobc. US legal backdropi. US constitution  13th and 14th amendmentii. Civil rights act of 1866  right to make and enforce employment contractsiii. Civil rights act of 1871  right to sue in federal court if deprived of constitutional rightsiv. Equal pay act of 1963  equal pay rate across sexes for substantially equal workd. Civil rights act of 1991i. No separate cutoffsii. No separate normsiii. No bonus pointsiv. No quotae. Americans with disabilities act of 1990i. Employer is prohibited from discriminating against a qualified individual with a disabilityii. Implications for employers1. Accessibility of public buildings2. Reasonable accommodations to be made3. Pre-employment physicals4. Medical info must be kept separate from other work related information5. Drug testing permissiblef. Characteristics of medical screeni. Is test designed to reveal impairment or physical or mental healthii. Is the test normally given in a medical settingiii. Is the test administered or interpreted by a health care professional iv. Is medical equipment usedv. For clinical personality tests, the answer to i and ii are yes and iii/iv are nog. Equal employment opportunity commission (EEOC)i. Independent regulatory agency charged with enforcing federal civil rights lawii. Adverse impact occurs when the selection ratio for a protected minority group is lower than that of the majorityh. Testing and the civil rights acti. Law prohibits intentional discriminationii. Unnecessary for plaintiff to prove intentional discriminationiii. Job related tests and other selection procedures are legal and usefuliv. Employer bears burden-of-proof that requirements are related to job performancev. Selection tools must be based on job


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