Examining Adverse Impact

Write a 3-4 page analysis of a selected legal case involving disparate (adverse) impact in selection and hiring.

Introduction

Note: Complete the assessments in this course in the order in which they are presented, beginning with Assessment 1.

Many U.S. laws, ordinances, and guidelines directly impact the hiring and selection process. 

Legal compliance is important to protect the individual and the organization. It is crucial for the HRM professional to understand issues surrounding discrimination and how to best avoid pitfalls. This includes awareness not only of disparate treatment but of disparate impact and how to analyze the issue.

Note: Complete the assessments in this course in the order in which they are presented, beginning with Assessment 1.

Preparation

To prepare for this assessment, complete the following:

• Arthur, D. (2012). Recruiting, interviewing, selecting, and orienting new employees (5th ed.). AMACOM.
  • Read Chapter 6.
• Cavico, F. J., & Mujtaba, B. (2017). Diversity, disparate impact, and discrimination pursuant to Title VII of U.S. civil rights laws. Equality, Diversity, and Inclusion: An International Journal, 36(7), 670–691. DOI:10.1108/EDI-04-2017-0091
  • Read the article.
  • The Griggs v. Duke Power case in Resources may also be helpful.
• Locate an article on a case involving disparate or adverse impact in selection and hiring using the Capella library or the Internet.

Scenario

The scenario in this assessment will be determined by your choice of case.

Requirements

Using the Cavico and Mujtaba article as a framework with which to view the issue of disparate or adverse impact, analyze your selected case.

• Provide a description of the case.
  • List the facts.
• Analyze the important issues in this case:
  • Identify what makes this a case about disparate impact.
  • Identify the dispute.
  • Distinguish the theory of disparate impact from the theory of disparate treatment.
• Analyze the outcome of the case:
  • Explain the court’s decision.
  • Note whether you agree with the court.
  • Analyze discriminatory impact.
• Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.

Note: The requirements listed here generally describe proficient performance for each of the required criteria. To earn full points for each criterion, be sure to review the assessment scoring guide for details on what constitutes distinguished performance.

Additional Requirements

• 3–4 typed, double-spaced pages (not including title page or references).
• Use Times New Roman font, 12 point.
• Include a title page and an APA-formatted references page.
• Ensure that your written communication is free from errors that detract from the overall message.

Competencies Measured

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

• Competency 2: Assess approaches for recruiting, selecting, and retaining talent.
  • Analyze issues surrounding a case of disparate (or adverse) impact.
• Competency 4: Analyze the impact of legal and regulatory issues on staffing management.
  • Analyze the outcome of an actual legal case.
  • Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
• Competency 5: Communicate in a manner that is scholarly and professional.
  • Communicate in a matter that is scholarly, professional, and consistent with expectations of members of the human resources profession.

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