Rank Ordering of Course Usefulness in 1st and Current Jobs
First Full-Time Job
Course
Personnel Psychology
Legal Issues
Training
Psychometrics
I-O Psychology
Organizational Psychology
Advanced Statistics
SPSS
Thesis
Experimental Design
Individual Differences
Methods & Ethics
Advanced Social
Psychology
Ranking
Mean Rank
Present Full-Time Job
Ranking
Mean Rank
1
2
3
4
5.5
3.05
4.95
5.07
5.10
5.90
1
6
4
2
3
3.76
5.94
5.42
4.82
5.29
5.5
7
8
9
5.90
6.55
6.56
7.05
8
7
5
9
6.24
6.00
5.53
6.76
10
11
12
13
7.10
8.33
9.00
11.00
10
12
11
13
6.82
9.00
8.73
10.59
The Amendments & EEO Law
Amendment I:
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition
the government for a redress of grievances.
>>> Used for discrimination against religion
Amendment IV:
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.
>>> Used in cases regarding drug testing
The Amendments & Discrimination Law (cont.)
Amendment V:
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising
in the land or naval forces, or in the militia, when in actual service in time of
war or public danger; nor shall any person be subject for the same offense to
be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for
public use, without just compensation.
>>> Protects employees from discrmination by Federal government
employers on the basis of race and other classifications
Amendment XIII:
Section 1. Neither slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted, shall exist within
the United States, or any place subject to their jurisdiction.Section 2.
Congress shall have power to enforce this article by appropriate legislation.
>>> Has been used in cases of race discrimination
The Amendments & Discrimination Law (cont.)
Amendment XIV:
Section 1. All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States and of the state
wherein they reside. No state shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States;
nor shall any state deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
>>> Permits employees to sue state and local government
From Washington v. Davis (1976):
“ ... the central purpose of the Equal Protection clause of the Fourteenth
Amendment is the prevention of official conduct discrimination on the
basis of race. It is also true that the Due Process clause of the Fifth
Amendment contains an equal protection component prohibiting the United
States from invidiously discriminating between individuals and groups.”
Early Civil Rights Laws
§ 1981. Equal rights under the law (formally CRA of 1866)
(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same
right in every State and Territory to make and enforce contracts, to sue, be
parties, give evidence, and to the full and equal benefit of all laws and
proceedings for the security of persons and property as is enjoyed by white
citizens, and shall be subject to like punishment, pains, penalties, taxes,
licenses, and exactions of every kind, and to no other.
>>> Primarily used in cases of race discrimination (although it’s been
interpreted very broadly to include national origin
•
•
•
•
No back pay limitations
No minimum requirement of 15 employees
Need to generate proof of discriminatory intent
Can apply to private organizations (passed under the 13th amendment – SC, 1968)
Section 1981 “ ... prohibits only race discrimination, but the definition of “race”
is broad and the statute reaches both public and private employers.” (see Jones
v. Alfred. H. Mayer Co., 1968; Johnson v. Railway Express Agency, 1975)
Early Civil Rights Laws (cont.)
§ 1983. Civil action for deprivation of rights (formally CRA of
1871)
Every person who, under color of any statute, ordinance, regulation, custom,
or usage, of any State or Territory or the District of Columbia, subjects, or
causes to be subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges, or
immunities secured by the Constitution and laws, shall be liable to
the party injured in an action at law, suit in equity, or other proper
proceeding for redress, except that in any action brought against a judicial
officer for an act or omission taken in such officer’s judicial capacity,
injunctive relief shall not be granted unless a declaratory decree was violated
or declaratory relief was unavailable. For the purposes of this section, any Act
of Congress applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
>>> Covers discrimination by State and local government organizations
(simialr to 14 Amendment protections)
Major EEOC Responsibilities
 Enforcement of the following laws:
•
•
•
•
•
•




Title VII of the Civil Rights Act
Pregnancy Discrimination Act
Equal Pay Act
The ADEA
The ADA
Workplace retaliation
Investigates charges of alleged discrimination (and issues findings)
Settles charges through conciliation or other informal methods
Files lawsuits
Develops procedural regulations and issuing interpretive guidelines on
various laws
 Conducts prevention efforts via education and technical assistance programs
Total EEOC Charges By Year
Claims must be filed within 180 days of the alleged discriminatory behavior
in states without EEO laws (non-deferral states), or within 300 days in states
with EEO laws (deferral states; a state agency exists).
~ OFCCP Relevance ~
• I-O folks work a lot for federal contractors
• OFCCP has become aggressive in pursuing “class actions‟ rather than
individual actions and highlighting companies that use selection procedures
locally, by region, and nationwide
• This enforcement has has focused on hiring practices and resulted in record
financial settlements. Likely that more I-Os folks are dealing with OFCCP
enforcement today than in the past
• In recent years OFCCP has:
– Hired statisticians to conduct adverse impact analyses
– Hired psychometricians to evaluate the “adequacy‟ of selection procedures
– Adopted guidelines and strategies that may be controversial with contractors
and assessment professionals.
Source: Eric M. Dunleavy, Ph.D. Senior Consultant DCI Consulting, SIOP Session, April, 2010
Overview of OFCCP Investigative Process
OFFCP compliance review (e.g., conducts desk audits using EEO-1 and AAP data). Also
performs onsite reviews
OFCCP attempts to gain voluntary compliance if a contractor is found to be in violation
If voluntary compliance fails (agreement not reached), OFCCP can issue sanctions and
fines
Contractor can appeal OFCCP ruling; case goes to an Administrative Law Judge (ALJ)
from the Department of Labor (DOL)
The contractor must then appeal to the Secretary of Labor (and lose) in order to gain
access to federal district court
In federal district court, contractor bears the burden that a violation was not committed
Adapted from: Dunleavy & Gutman, On the Legal Front: OFCCP Settlement Review: What Was the Burden on Bank of America? Get article here
US Courts of Appeals and US District Courts Map
See details of each District Court here
Listing of Federal Circuit Court of Appeals
1st - ME, MA, NH, PR, RI
2nd - NY, VT, CT
3rd - PA, NJ, DE, VI
4th - MD, NC, SC, VA, WV
5th - LA, TX, MS
6th - MI, OH, KY TN
7th - IL, IN, WI
8th - ND, SD, MN, NE, IA, MO AR
9th - CA, OR, WA, AZ, MT, ID, NV, AK, HI
10th - CO, KS, NM, OK, UT, WY
11th - AL, GA, FL
DC - DC, Tax Court, fed admin agencies.
Federal - Patent, Int'l Trade, Claims Court and Veterans' Appeals.
From: Findlaw.com
Federal Circuit Court of Appeals Map
U.S. Supreme Court
Background:
Court established by Article III, Section 1 of the Constitution:
"[t]he judicial Power of the United States, shall be vested in one Supreme Court,
and in such inferior Courts as the Congress may from time to time ordain and
establish.”
The Act also created the federal circuit courts and the federal district
courts, the Office of the Attorney General, and granted the President the
right to nominate justices for appointment to the United States Supreme
Court with the advice and consent of the Senate.
In its 1st year, the Court consisted of 6 justices (one Chief Justice and 5
associate justices). The present composition of one Chief Justice and eight
Associate Justices was established under an Act passed in 1948 (28 U.S.C. 1)
Relatively weak branch of government in the early years
Reasons Why the Court Takes a Case
1) Conflicting opinions between the circuit courts
2) Lower court decision that conflicts with previous Supreme Court ruling
3) Issues of constitutional importance
Legal Citations
U.S. Supreme Court Cases
Teamsters v. U.S., 431 U.S. 324 (1977)
Volume #
Petitioner
Respondent
Reporter
Year of decision
Beginning page # of
case
The U.S. Reporter is the preferred cite, but sometimes others are used instead. One is
the Supreme Court Reporter. The format for this is:
Teamsters v. U.S., 97 S. Ct. 1843 (1977).
There is also a Lawyers Edition that is used:
Teamsters v. U.S., 52, L. Ed.2nd 396.
Legal Citations (cont.)
Quotations
Teamsters v. U.S., 431 U.S. 324, 328 (1977)
A second page number can be used
to indicate the page location of a
quote or specific point of law
Legal Citations (cont.)
Federal Circuit Court of Appeals Cases
Glover v. Johnson, 75 F.3d 264 (6th Cir.1996)
Volume #
Appellant
Appellee
Circuit
Court
Beginning page
# of case
Reporter
Year of
decision
Format used in the text: Glover v. Johnson (CA 6, 1996) 75 F.3d 264
The terms Appellee v. Appellant are used in the Court of Appeals. Therefore, it is possible that the order of the
parties in the original case may be reversed. For instance, in a case that started as Johnson v. Glover may be
reported as Glover v. Johnson in the in the Court of Appeals reporter.
Federal Circuit Court of Appeals
Reporters
• Federal
Reporter (Cited as F.) - 1880-1924
• Federal Reporter, 2d series. (Cited as F. 2d) - 1924-1993
• Federal Reporter, 3d series. (Cited as F. 3d) – 1993 +
Legal Citations (cont.)
Federal District Court Cases
Glover v. Johnson, 478 F. Supp. 1075 (E.D.Mich.1979)
Volume #
Respondent
Petitioner
Reporter
District Court
Beginning page #
of case
Year of
decision
Overall, there are 94 federal judicial districts, The number of districts vary within each
State. Some states have only one district (e.g., Arizona, Colorado, Delaware), while others
have multiple districts (e.g., California, Florida, Texas).
Legal Citations (cont.)
Statutes --- Session Law
Civil Rights Act of 1964, P.L. 88-353, 78 Stat. 241 1964).
Page #
Title of book
Popular Name
Volume #
Year
Public Law # or
Chapter #
Stat. = Abbreviation for Statutes at Large. Session laws are passed
during a given legislative session and are published in the order of
their passing. These are the most authoritative version of a law (e.g.,
the actual wording in the session law is controlling).
Legal Citations (cont.)
Statutes --- Code
Means “add the following.”
Used to include numbered
lists, pages or sections after
the first number is stated
Civil Rights Act of 1964, 42 U.S.C. §1971 et seq. (1988).
Section # or Part #
Title of book
Popular Name
Title # or Chapter #
Year of
compilation
U.S.C. = Abbreviation for U. S. Code. The United States Code is the
collection of laws of the United States arranged within 50 topic
areas. The U.S. Code is published every six years, with supplements
added annually.
Citing Sections and Subsections
17 U.S.C. § 102(a)(1)
Second sublevel of
organization uses
numbers
Subsection uses lowercase letters
A 3rd sublevel uses upper-case letters [e.g., (B)]. The fourth sublevel uses
lower-case roman numerals [e.g., VI)]. Each level of organization is
contained within separate parentheses.
For example: 42 U. S. C. §2000e-2(k)(1)(A)(i)
Legal Citations (cont.)
Regulations --- As Promulgated (put into
action, to set forth)
44 Fed. Reg. 29375 (May 18, 1979).
Year of publication
Page #
Title of Book
Volume #
Fed. Reg. = Abbreviation for Federal Register. The Federal Register is the official
daily publication for rules, proposed rules, and notices of Federal agencies and
organizations, as well as executive orders and other presidential documents. It is
published by the Office of the Federal Register, National Archives and Records
Administration (NARA).
Legal Citations (cont.)
Regulations --- As Codified
42 C.F.R. §124.501 (1991).
Section #
Title of Book
Title #
Year of Compilation
C. F. R. = Abbreviation for Code of Federal Regulations. The CFR is the collection of rules
published in the Federal Register by the executive departments and agencies of the Federal
Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
Title 29 covers rules related to labor. Each CFR volume is updated once each calendar year and
is issued on a quarterly basis.
See link