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Employment Discrimination Litigation: Behavioral, Quantitative, and Legal Perspectives

ISBN: 978-0-470-59825-2
672 pages
January 2005, Pfeiffer
Employment Discrimination Litigation: Behavioral, Quantitative, and Legal Perspectives (0470598255) cover image


In one comprehensive resource, this groundbreaking book assembles the facts, insights, lessons learned, and trends that are most relevant in the field of employment discrimination litigation. Written by a distinguished panel of  lawyers, scientists, judges, scholars, and human resource managers, Employment Discrimination Litigation draws together the most current information from various disciplines—law, psychology, statistics, economics, sociology, and human resources—to help professional psychologists navigate their way through the tangle of employment law.

This practical resource includes perspectives from the point of view of both plaintiff and defendant for cases involving questions of race, gender, disability, and age. In addition, it offers an overview of the process by which complaints are filed, the statutes under which they are filed, and the authority represented by various case law. Employment Discrimination Litigation will illuminate myriad issues such as Daubert motions, class certification issues, the setting of cut scores that will withstand challenge, common statistical analyses of adverse impact, and merit-based issues. Employment Discrimination Litigation also

  • Presents a temporal description of a typical employment discrimination case from start to finish
  • Outlines the major guidelines that are often invoked in employment litigation—the A.P.A. Standards, Uniform Guidelines, and SIOP Principles
  • Reviews litigation related to the Fair Labor Standards Act
  • References written judicial opinions that relate the activities and devices most often employed by industrial and organizational psychologists

The book also summarizes and integrates the key points of employment discrimination litigation to present a vision for the future.

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Table of Contents



The Authors.

Part One: Foundations of Litigation.

1 Phases of Employment Litigation (Frank J. Landy).

2 Adverse Impact: Judicial, Regulatory, and Statutory Authority (Arthur Gutman).

3 Professional and Technical Authorities and Guidelines (Richard Jeanneret).

4 Statistical Trends in Private Sector Employment Discrimination Suits (Donald L. Zink, Arthur Gutman).

5 Statistical Issues in Litigation (Bernard R. Siskin, Joseph Trippi).

6 Industrial and Organizational Psychologists as Expert Witnesses: Affecting Employment Discrimination Litigation Post Daubert (George C. Thornton III, Peter H. Wingate).

Part Two: Case Law, Case Strategy, and Protected Groups.

7 Race Discrimination Cases: Common Themes (James L. Outtz).

8 Sex Discrimination in Employment (Barbara A. Gutek, Margaret S. Stockdale).

9 The Age Discrimination in Employment Act (Harvey L. Sterns, Dennis Doverspike, Greta A. Lax).

10 Title I of the Americans with Disabilities Act: The Short but Active History of ADA Enforcement and Litigation (Jone McFadden Papinchock).

11 Wage and Hour Litigation: I-O Psychology’s New Frontier (Cristina Banks, Lisa Cohen).

Part Three: Special Topics.

12 The Importance of Valid Selection and Performance Appraisal: Do Management Practices Figure in Case Law? (Stan Malos).

13 Cut Scores and Employment Discrimination Litigation (Jerard F. Kehoe, Angela Olson).

14 A Lawyer's View (David Copus, Richard S. Ugelow, Joshua Sohn).

15 A Judge's View: Interviews with Federal Judges About Expert Witness Testimony (Frank J. Landy).

Part Four: Conclusions.

16 Concluding Thoughts (James L. Outtz, Frank J. Landy).

Name Index.

Subject Index.

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Author Information

Frank J. Landy is a consultant and researcher for the United States Department of Labor, Department of Justice, Department of State, Department of Defense, the Equal Employment Opportunity Commission, the U.S. Nuclear Regulatory Commission, and other agencies. Currently, as SHL Litigation Support Services CEO, Landy is working in the area of employment discrimination and human factors litigation.

The Professional Practice Series is sponsored by The Society for Industrial and Organizational Psychology, Inc. (SIOP). The series was launched in 1988 to provide industrial and organizational psychologists, organizational scientists and practitioners, human resources professionals, managers, executives, and those interested in organizational behavior and performance with volumes that are insightful, current, informative, and relevant to organizational practice.

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