Disparate impact reference trilogy for statistics

Article Abstract:

Disparate impact for job discrimination is defined statistically using three references. Various federal employee selection guidelines use an 80% rule though allow for discrimination occurring when this rule is met if separate hiring practices have a lower diversity rate. US Supreme Court cases state that individual practices can be discriminatory even when the overall hiring shows no disparate impact. The 1991 Civil Rights Act focuses on specific not overall processes. Discrimination can be determined through a threshold test and a barriers test using binomial statistics or applicant data depending on the findings.

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The role of two statistical approaches to EEO cases

Article Abstract:

Employment discrimination cases can be tried with hypergeometric or binomial statistics. As both produce a standard deviation and a probability to determine statistical significance, both can be used in disparate impact analyses. Disparate impact can be analyzed by threshold, by barrier and by selection and these statistical distributions can be useful with all three. After adverse impact is demonstrated, the employer can prove validity, and the plaintiff has a chance to show if there is another practice with less adverse impact that will meet the employer's legitimate needs.

Statistics, Statistics (Data)

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Statistics in corporate downsizing cases: unfulfilled promise for plaintiffs

Article Abstract:

Practical application of lessons found in 38 Federal Circuit Court of Appeals cases dealing with the use of statistics in corporate downsizing employment discrimination cases is possible. Employees use of employers' statistics is often not possible because of the lack of or self-serving statistical record-keeping. Available statistics should be presented in specific ways but cannot be relied upon to satisfy plaintiffs' burdens of persuasion that employers' reasons for disparities are pretextual.

Usage, Downsizing (Management), Evidence, Statistical, Statistical evidence (Law)

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