Frank J. Landy 
Employment Discrimination Litigation 
Behavioral, Quantitative, and Legal Perspectives

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

Jadual kandungan

Foreword xiii

Preface xv

The Authors xxi

Part One: Foundations of Litigation 1

1 Phases of Employment Litigation 3
Frank J. Landy

2 Adverse Impact: Judicial, Regulatory, and Statutory Authority 20
Arthur Gutman

3 Professional and Technical Authorities and Guidelines 47
Richard Jeanneret

4 Statistical Trends in Private Sector Employment Discrimination Suits 101
Donald L. Zink, Arthur Gutman

5 Statistical Issues in Litigation 132
Bernard R. Siskin, Joseph Trippi

6 Industrial and Organizational Psychologists as Expert Witnesses: Affecting Employment Discrimination Litigation Post Daubert 167
George C. Thornton III, Peter H. Wingate

Part Two: Case Law, Case Strategy, and Protected Groups 199

7 Race Discrimination Cases: Common Themes 201
James L. Outtz

8 Sex Discrimination in Employment 229
Barbara A. Gutek, Margaret S. Stockdale

9 The Age Discrimination in Employment Act 256
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 294
Jone Mc Fadden Papinchock

11 Wage and Hour Litigation: I-O Psychology’s New Frontier 336
Cristina Banks, Lisa Cohen

Part Three: Special Topics 371

12 The Importance of Valid Selection and Performance Appraisal: Do Management Practices Figure in Case Law? 373
Stan Malos

13 Cut Scores and Employment Discrimination Litigation 410
Jerard F. Kehoe, Angela Olson

14 A Lawyer’s View 450
David Copus, Richard S. Ugelow, Joshua Sohn

15 A Judge’s View: Interviews with Federal Judges About Expert Witness Testimony 503
Frank J. Landy

Part Four: Conclusions 573

16 Concluding Thoughts 575
James L. Outtz, Frank J. Landy

Name Index 591

Subject Index 599

Mengenai Pengarang

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.