Books


Use of Statistics in Equal Employment Opportunity Litigation

Standing Order with Automatic Update Service

by Walter B. Connolly, Jr., David W. Peterson, Michael J. Connolly


Add To Cart

Use of Statistics in Equal Employment Opportunity Litigation examines legal precedents for the use of statistics, the plaintiff's burden of establishing a prima facie case, and statistical concepts. Featuring charts and diagrams, it includes in-depth coverage of: the hiring process; job assignment, transfer and promotion; discipline and discharge; equal pay, wage mobility and pay awards; age discrimination, including corporate “downsizings”; estimating the racial composition of an employer's labor pool; and testing and selection procedures. A special section analyzes various models for detecting disparate treatment and evaluating employer alternatives.

Book #00553; looseleaf, one volume, 900 pages; published in 1979, updated as needed.
ISBN: 978-1-58852-006-7


Satisfaction Guarantee: You will always have a full 30 days from receipt in which to review any book. If you don’t want the book, simply return it in resalable condition within 30 days of receipt and write “cancel” on the invoice. If you paid by credit or debit card you will receive a full refund of the purchase price (excluding return shipping & handling). eBook returns are only available if the eBook has not yet been downloaded and updates made available during any subscription term are not refundable.
For more information about online access and our downloadable EPUB format see our FAQ.

  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 900
  • ISBN: 978-1-58852-006-7
  • Pub#/SKU#: 553
  • Volume(s): 1

Author Image
  • Walter B. Connolly, Jr.
Walter B. Connolly, Jr. is a member of the Detroit office of Connolly, Rodgers & Scharman, PLLC.

Also by Walter B. Connolly, Jr.:
Practical Guide to The Occupational Safety and Health Act
Practical Guide to Equal Employment Opportunity


Author Image
  • David W. Peterson
Mr. Peterson is an independent statistical consultant based in the Research Triangle area of North Carolina. He is a former Duke University Professor known for his work on the courtroom use of scientific evidence.



Author Image
  • Michael J. Connolly

Michael J. Connolly is a member of the Detroit office of Connolly, Rodgers & Scharman PLLC. He was formerly General Counsel of the EEOC.


Also by Michael J. Connolly:
Practical Guide to Equal Employment Opportunity

CHAPTER 1
Survey of the Use of Statistics in Civil Rights Cases

§ 1.01 Introduction: Some History on the Use of Statistics in Civil Rights Litigation
§ 1.02 The Statistical Approach in Litigating Employment Discrimination Cases

CHAPTER 2
Plaintiff’s Task: The Establishment of aPrima Facie Case

§ 2.01 Introduction: Precedents and Patterns
[1] Statistics Alone May Be Enough to Establish a Prima Facie Case
[2] Supreme Court Cases After Griggs
[3] When Is the Sample Large Enough to Make Statistical Proof Valid?
[4] The “Statistics Plus” Standard for a Prima Facie Case
[5] Disparate Treatment Versus Disparate Impact
[6] Necessity of Expert Testimony
[7] Use of Statistics From Employer’s Own Records
[8] Conclusions
§ 2.02 Shifting the Burden of Proof
[1] Introduction
[2] Using Statistics to Establish Pretext
[3] The Two-Stage Approach to Shifting the Burden of Persuasion

CHAPTER 3
Defendant’s Task: Responding to the Prima Facie Case

§ 3.01 In General
§ 3.02 Alternative Statistical Showings
[1] Examples: Defendants Using Data Showing New Members or New Hires
[2] Examples: Employer Using Work Force Data
[3] Examples: Challenging Plaintiff’s Statistics
§ 3.03 Defending Business Necessity or Bona Fide Occupational Qualification (BFOQ)
[1] Responding to Disparate Impact: A Showing of Business Necessity
[2] Bona Fide Occupational Qualification
§ 3.04 Bona Fide Seniority System Defense
§ 3.05 Other Defenses
[1] Timeliness of Challenges and Post-Act Discrimination
[2] Unsuccessful Defenses May Suggest Alternative Approaches
§ 3.06 Responding to the Prima Facie Case

CHAPTER 4
The Hiring Process

§ 4.01 Introduction
§ 4.02 Basic Approach: Comparing an Employer’s Work Force with a Sample Group
[1] Establishing a Prima Facie Case with Work Force Comparisons
[2] Comparing Recent Hires with an External Group
[3] Demographic and Labor Pool Data
[4] Selection of the Geographic Area
§ 4.03 Applicant Flow Analysis
§ 4.04 The Impact of Hiring Prerequisites
§ 4.05 Analyzing the Hiring Process
[1] A Fundamental Framework and Some Data Requirements
[2] Labor Pool—Applicant Pool Disparities
[3] Applicant Pool—New Hires Disparities
[4] Interpreting Statistical Data Pertaining to Hiring
§ 4.06 Summary

CHAPTER 5
Approaches to Estimating the Racial Composition of an Employer’s Labor Pool

§ 5.01 Determinants of the Labor Pool
[1] Skill
[2] Distance from the Plant
[3] Population Density
[4] Other Factors
§ 5.02 Census Data on Labor Force Commuting Patterns in the Detroit Area
§ 5.03 The Disk-Shaped Employment Area
§ 5.04 The Stratified Disk-Shaped Employment Area
§ 5.05 An Applicant-Defined Labor Pool Density: Township Units
§ 5.06 Another Applicant-Defined Labor Pool Density: Rectangular Groups of Census Tracts
§ 5.07 The Racial Composition of the Applicant Group
§ 5.08 Summary of Methods
§ 5.09 Refinements in the Estimation Process
[1] The Labor Force with Special Skills
[2] Effects of Affinity Group Preferences on Labor Pool Composition
§ 5.10 Summary of Chapter

CHAPTER 6
Discipline and Discharge

§ 6.01 Introduction
§ 6.02 Discipline and Discharge Cases: Precedents
[1] Introduction
[2] Statistics Used to Establish a Prima FacieCase
[3] Using Statistics to Rebut a Prima FacieCase
§ 6.03 Measuring the Equitability of Discipline
§ 6.04 Analyzing Discharges
§ 6.05 Summary

CHAPTER 7
Job Assignment, Transfers and Promotions

§ 7.01 Introduction
§ 7.02 Job Assignments, Transfers and Promotions
[1] Introduction
[2] The Current Distribution of Employees
[3] Comparisons with External Work Force Data
[4] Weaknesses with Work Force Comparisons
[5] Rates of Promotion, Assignment and Transfer, and Combination Approaches
§ 7.03 Methods of Analysis
[1] The Initial Job Assignment
[2] Job Transfers
[3] Promotions

CHAPTER 8
Testing and Selection Procedures

§ 8.01 Introduction
[1] Tests Influence Management Decisions
[2] Early Federal Guidelines
§ 8.02 The Uniform Guidelines
[1] Validation
[2] Adverse Impact
[3] Forms of Validation
[4] Recordkeeping
§ 8.03 Testing and Selection Procedures: Precedents
[1] Use of Tests Varied and Widespread
[2] Use of Tests Criticized
[3] The Griggs Case
[4] Cases Following Griggs
[5] The Impact of Washington v. Davis
§ 8.04 Measuring a Test’s Effects
[1] Detecting a Discriminatory Impact
[2] Validating Criteria

CHAPTER 9
Equal Pay, Wage Mobility, and Pay Awards

§ 9.01 Introduction
§ 9.02 Equal Pay
[1] Order of Proof
[2] Job Content
[3] An Example of an Equal Pay Analysis
§ 9.03 Wage Mobility
[1] Comparing Similarly Situated People: The Cohort
[2] Aggregating Comparisons Across Cohorts
[3] Dealing with a Continuum of Qualifications: The Diffuse Cohort
§ 9.04 Pay Awards
[1] Back Pay Law and Case Precedents
[2] Calculating Pay Awards
§ 9.05 Conclusion

CHAPTER 10
Age Discrimination

§ 10.01 Introduction
§ 10.02 Establishing a Prima Facie Case
[1] Historical Approaches
[2] Evidentiary Burden
[3] The McDonnell Douglas Criteria for aPrima Facie Case
[4] Applications of the McDonnell DouglasCriteria
[5] Employee’s Qualifications to Perform the Duties Required by the Job
[6] Plaintiff Replaced by a Younger Person
[7] Using Statistics in Private Individual Claims Under the ADEA
[8] Specific Acts of Age Discrimination and Evidence of Discriminatory Intent
§ 10.03 Shifting the Burden of Going Forward with Evidence
§ 10.04 Observations Regarding Large Reduction in Force Cases
[1] More than McDonnell Douglas Criteria Required to Establish a Prima FacieCase
[2] Plaintiff Required to Prove Job Qualifications
[3] Reduction Conducted for Legitimate Economic Consideration
[4] Performance Evaluations; Treatment of Comparable Employees
[5] Disparate Impact Analysis in Reduction in Force Cases
§ 10.05 Measurement of Age Discrimination
[1] Aspects Unique to Age Discrimination
[2] Comparing Age Profiles
[3] Redefining a Comparison

CHAPTER 11
Some Concluding Observations

§ 11.01 In General
§ 11.02 The Practical Value of Statistically Significant Differences
§ 11.03 The Great Appeal and Dangerous Pitfalls of Regression Analysis
§ 11.04 Significance Testing Using Monte Carlo Simulation
§ 11.05 Norms for Evaluating Personnel Practices Derived from Computer Simulation of Workforce Evolution
§ 11.06 Sex as an Underlying Cause in Race Cases
§ 11.07 Pressures for Unequal Pay Resulting from Labor Market Thinness
§ 11.08 Standard Deviation Analysis: An Approximation to P-Value Analysis, A Preferable Alternative
§ 11.09 Imbalance Under Equitable Personnel Practices
§ 11.10 Modeling the Decision Process in Disparate Treatment Cases
[1] The Ideal Paradigm for Detecting Disparate Treatment
[2] Peeling the Onion: The Practical Aspects of Detecting Disparate Treatment
§ 11.11 One Tail or Two? Or Does It Really Matter?
[1] Introduction
[2] Statistical Theory of One- and Two-Tailed Tests
[3] Discrimination Litigation Conventions
§ 11.12 No Statistical Proof that an Employer Does Not Discriminate

Appendix
Table of Tables
Table of Figures
Table of Maps
Bibliography
Table of Cases
Index