Major EEO issues relating to personnel selection decisions

Abstract

This paper examines recent EEO (Equal Employment Opportunity) case law precedents relating to personnel selection, most notably hiring, training, promotion and downsizing. The statutes referenced include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) of 1967, the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendments Act of 2008 (ADAAA), Constitutional claims, the Civil Rights Act of 1991 (CRA-91), and Executive Order 11246 on Affirmative action. Seven topics are featured, including: (I) disparate treatment theory, (II) adverse impact theory in the ADEA, (III) adverse impact theory in Title VII, (IV) affirmative action based on operational needs, (V) key ADA rulings and the ADA amendments Act of 2008 (ADAAA), (VI) retaliation, and (VII) mandatory binding arbitration agreements. The case law surveyed reveals costly mistakes employers and HR managers can make, but which can be avoided with proper methods and policies. Some issues may require professional help (e.g., developing and validating selection tests), whereas others (e.g. retaliation), can be addressed in-house with knowledge of policies and procedures recommended by the EEOC to prevent problems from occurring, and to quickly correct them if they occur.