Transcript 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 &

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
Title VII of the Civil Rights Act
1) Protected Classes:
CRA 1964:
Race, color, religion, sex, and national
TIP article regarding inclusion of sex (http://www.siop.org/tip/jan11/12highhouse.aspx)
CRA 1972:
Added public sector coverage, gave EEOC power to sue, reduced
entities covered from 25 to 15, increased timeframe to file EEOC
suit (90 to 180; 210 to 300 days)
CRA 1978:
Reorganization Plan (e.g., EEOC given authority to enforce antidiscrimination laws for civilian federal workforce and coordinate
federal equal employment opportunity programs, passed the PDA,
enforcement of EPA and ADEA transferred to EEOC (from DOL)
CRA 1991: Clarified burden of proof in adverse impact scenarios, reversed
several controversial SC cases, banned test score adjustment based on minority
status, allowed jury trials and coverage for expert witness fees
2) Covered Entities: Private, state, local, and federal organizations with 15 or
more employees (20 weeks in current or prior year).
Title VII of the Civil Rights Act (cont.)
3) Covered Practices: (Non-discrimination – “Trilogy”)
• Terms and conditions of employment (e.g. hiring, promotion,
firing)
• Segregation or classification
• Retaliation
4) Administrative Procedures:
Primarily by EEOC (also DOJ, DOL)
Title VII of the Civil Rights Act (cont.)
5) Remedies:
Equitable Relief: (to restore what was lost) --- e.g.,
reinstatement, back pay for up to 2 years, lost benefits, lawyer fees
Legal Relief:
Compensatory damages (pain and suffering)
Punitive Damages (punish companies for egregious violations;
those with malice or indifference). Restricted to private
organizations (Monetary caps exist)
Prior to CRA-91, only equitable relief was available and decision were
limited to judges (jury trials now allowed)
Caps for Compensatory and Punitive* Damages
Company size (# employees)
Damage Cap
15-100
$50,000
101-200
$100,000
201-500
$200,000
501 and more
$300,000
* Punitive damages only available in private sector
6) Judicial Scenarios: Disparate treatment, adverse impact, pattern or practice,
statutory defenses (e.g., BFOQ, BFSS)
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 ~
Branch of Department of Labor
• Main purpose is to gain voluntary compliance from federal contractors
• Administers EO 11246 (Affirmative Action)
• Has authority to impose remedies on contractors prior to court action
OFCCP has become aggressive in pursuing “class actions‟
• 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
Useful site: OFCCP Blog Spot
More on OFCCP in Chapter 7 (Affirmative Action)
Sample Settlements (DOL, OFCCP)
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 (no agreement), 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
~ Basic U.S. Court System ~
Supreme Court
Hears fewer than
100 cases per year
of about 10,000
filed
Court of Appeals (11
numbered plus the D.C.
Circuit and one for the
Federal Circuit – 13 total)
Total of 179
judges; lifetime
appointment.
Most cases
decided here
District Courts (94)
Established by
Congress;
judges serve 10
year terms
US Courts of Appeals and US District Courts Map
See details of each District Court here
Federal Circuit Court of Appeals Map
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
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
• Congress can pass legislation to legislatively overturn
Supreme Court rulings (e.g., CRA 1991, Ledbetter Act,
ADAAA)
Robert Barnes, Supreme Court correspondent for The Washington Post, will discuss
the federal government's most cloistered and least understood institution, and the
pivotal role it plays with the political branches in the nation's governance. After its
most dramatic change in personnel in decades, the increasingly conservative court will
be faced with challenges to President Obama's progressive agenda amid bitter political
deadlock in Washington. Controversial issues such as affirmative action, immigration,
same-sex marriage, gun control and health care are on the court's horizon. Barnes will
also discuss the four youngest and newest justices who will shape its future, and
answer questions.
The Court Process
• The person filing the suit is called the
“plaintiff ”
• The person or organization against whom the
charge of discrimination is made is called the
“defendant”
Civil Procedures
*** 3 phase burden-shifting process
1) Plaintiff must establish a prima facie case
Prima facie ”at first look," or "on its face." A lawsuit in which the evidence
is sufficient to prove the case
2) Defense offered (non-discriminatory reason - DT, or job-relatedness - AI)
3) Plaintiff rebuttal (pretext - DT, or alternative practice available - AI)
Other Key Points
• Preponderance of evidence standard (not beyond reasonable doubt – criminal cases)
• Summary judgments (e.g., SJD; summary judgment for the defendant)
• Class certification; 1) numerosity (large enough; individual claims impractical), 2)
commonality (harm common to class), 3) typicality (similar claims among members of
class), and 4) protection of class interest (plaintiffs will adequately represent class
interests [9th Circuit = Class size of ½ million females; Dukes v. Wal-Mart]
Constitutional Amendments and EEO Law
• No amendments were designed to relate to EEO laws
• Amendments offer broader coverage than Title VII
• Some advantages to using amendments (e.g., less restrictions, damages); they
fill gaps in Title VII coverage
• Amendments often combined with Title VII suits if constitutional claims exist
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 discrimination 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. Enforced via the CRA of 1866, 1871 (below)
§ 1981. Equal rights under the law (CRA of 1866, 1871)
(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. Example: Patterson v. McClean Credit Union (racial harassment covered)
>>> Primarily used in cases of race discrimination (although it’s been
interpreted very broadly to include national origin. Sex not included as a
protected group
•
•
•
•
No back pay limitations
No minimum requirement of # employees
Only covers disparate treatment only (need to generate proof of discriminatory intent)
Applies only to private organizations
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.
§ 1983. Civil action for deprivation of rights (CRA of 1866, 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.
>>> Permits employees to sue state and local government; often used to sue
municipal agencies (police and fire departments for race and sex discrimination in
hiring and promotion decisions) and for reverse discrimination suits
~ Some Legal Abbreviations ~
Aff ’d --- Affirmed
Pet., Petr. --- Petition, Petitioner
Ann. --- Annotated
Pl. --- Plaintiff
App. --- Appeals
Pt. --- Part
Cir. --- Circuit
Pub. --- Public
Cl. --- Clause
Rep. or Repr. --- Reporter
Cmt. --- Comment
Rev. --- Review
D. --- Federal District Court
Rev’d --- Reversed
Dig. --- Digest
Sec. or § --- Section
Ed. --- Edition
Ser. --- Series
Inj. --- Injunction
S.J. --- Summary judgment
J. --- Journal
Subp. --- Supoena
Judm. --- Judgment
Supp. --- Supplement
L. --- Law
Tent. --- Tentative
n., nn. --- Footnotes
Tr. --- Trial
Op. --- Opinion
Trans. --- Translated
Or. --- Order
Unif. --- Uniform
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.
Format used in book: Teamsters v. United States (1977) 431 US 324
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 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)