Adverse Impact in Personnel Selection: The Legal Framework and Test Bias

2001 ◽  
Vol 6 (2) ◽  
pp. 103-111 ◽  
Author(s):  
Luis Aramburu-Zabala Higuera
Keyword(s):  
Personnel Selection ◽  
Minority Groups ◽  
The United States ◽  
Legal Framework ◽  
Adverse Impact ◽  
Behavioral Consistency ◽  
Work Sample ◽  
Traditional Assessment ◽  
Consistency Model ◽  
Indirect Discrimination

By the early 1990s, public concern in Europe over discrimination against women and minority groups had grown manifestly. This confronted psychologists with the problem of the disproportionate representation of various subgroups in certain kinds of jobs. In this article we first deal with the major upheaval in the legal issues that presently shape the selection practices in Europe and the United States. We then turn our attention to the problem of indirect discrimination and the discussion on the validity of some of the most representative assessment devices used in selection. Although there has not been a systematic application of work-sample tests in Europe over the past decades, some organizations have turned to the behavioral-consistency model in an attempt to avoid the problems of job-relatedness and adverse impact of the traditional assessment procedures.

scholarly journals Checkmate at the Check-In. Discrimination or Transatlantic People Smuggling from Brussels National Airport

2018 ◽  
Vol 5 (2) ◽  
pp. 86
Author(s):  
Wendy De Bondt ◽  
Nele Audenaert
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Legal Framework ◽  
Legal Systems ◽  
Policy Makers ◽  
Current Form ◽  
Indirect Discrimination

Pursuant to the so-called American travel ban, nationals from Iran, Libya, Somalia, Sudan and Yemen were denied access to US territory. Consequently airline companies are performing additional checks at the check-in in order to avoid allowing passengers on board who are not in the possession of the required travelling documents to be allowed into the United States. The authors argue that the American travel ban puts airline companies operating from Brussels National Airport, Belgium within the scope of several criminal law provisions. Obeying the travel ban and denying the passengers access to the plane could constitute a form of indirect discrimination based on nationality. Disobeying the travel ban and granting the passengers access to the plane could constitute a form of people smuggling. In its current form, taking account of the interpretation provided in jurisprudence, the Belgian criminal law does not provide a clear way out of this situation. The situation is therefore described as checkmate at the check-in and is used to urge policy makers to provide a more clear legal framework for companies (in this case airline companies) who find themselves confronted with incompatibilities between different legal systems. 

Doing Justice, Preventing Crime

2020 ◽  
Author(s):  
Michael Tonry
Keyword(s):  
Structural Changes ◽  
Minority Groups ◽  
Political Influence ◽  
Mass Incarceration ◽  
The United States ◽  
State Agencies ◽  
Case Processing ◽  
Three Strikes ◽  
Moral Cost ◽  
Main Ideas

In the 2020s, no informed person disagrees that punishment policies and practices in the United States are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices; mass incarceration; the world’s highest imprisonment rate; extreme disparities, especially affecting members of racial and ethnic minority groups; high rates of wrongful conviction; assembly-line case processing; and a general absence of respectful consideration of offenders’ interests, circumstances, and needs. The main ideas in this book about doing justice and preventing crime are simple: Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples’ lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the rule of law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies.

The Empire of Disgust

2018 ◽  
Keyword(s):  
United States ◽  
Drinking Water ◽  
Sexual Orientation ◽  
Change Point ◽  
Minority Groups ◽  
The United States ◽  
Political Life ◽  
Swimming Pools ◽  
Economic Class ◽  
Group Resistance

All known societies exclude and stigmatize one or more minority groups. Frequently these exclusions are underwritten with a rhetoric of disgust: people of a certain group, it is alleged, are filthy, hyper-animal, or not fit to share such facilities as drinking water, food, and public swimming pools with the ‘clean’ and ‘fully human’ majority. But exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In this volume, interdisciplinary scholars from the United States and India present a detailed comparative study of the varieties of prejudice and stigma that pervade contemporary social and political life: prejudice along the axes of caste, race, gender, age, sexual orientation, transgender, disability, religion, and economic class. In examining these forms of stigma and their intersections, the authors present theoretically pluralistic and empirically sensitive accounts that both explain group-based stigma and suggest ways forward. These forward-looking remedies, including group resistance to subordination as well as institutional and legal change, point the way towards a public culture that is informed by our diverse histories of discrimination and therefore equipped to eliminate stigma in all of its multifaceted forms.

Racialized Political Consumerism in the United States

2018 ◽  
pp. 680-698
Author(s):  
Bo Yun Park
Keyword(s):  
United States ◽  
American History ◽  
Minority Groups ◽  
The United States ◽  
Political Consumerism ◽  
White Supremacist ◽  
Political Tradition ◽  
Democratic Societies

In the United States, political consumerism has evolved alongside the country’s racial struggles. Throughout American history, ethnoracial minority groups have used different forms of racialized political consumerism in order to advance their rights. White supremacist groups have also taken part in boycotts to promote their cause. Addressing the need to assess the meaning and significance of a tactic that is considered to be a longstanding political tradition, this chapter provides an analytical guide for the study of racialized political consumerism in democratic societies. It does so by (1) illustrating the historical and contemporary uses of political consumerism in racial struggles in the United States, (2) examining the different forms of political consumerism used by ethnoracial minorities, and (3) discussing the theoretical value of the concept of racialized political consumerism.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

Student Privacy and the Law in the Internet Age

2019 ◽  
Author(s):  
Leah Plunkett ◽  
Urs Gasser ◽  
Sandra Cortesi
Keyword(s):  
Learning Environments ◽  
School Environment ◽  
Privacy Protection ◽  
Data Privacy ◽  
Digital Technologies ◽  
The United States ◽  
Legal Framework ◽  
Privacy Law ◽  
Student Privacy ◽  
High Level

New types of digital technologies and new ways of using them are heavily impacting young people’s learning environments and creating intense pressure points on the “pre-digital” framework of student privacy. This chapter offers a high-level mapping of the federal legal landscape in the United States created by the “big three” federal privacy statutes—the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and the Protection of Pupil Rights Amendment (PPRA)—in the context of student privacy and the ongoing digital transformation of formal learning environments (“schools”). Fissures are emerging around key student privacy issues such as: what are the key data privacy risk factors as digital technologies are adopted in learning environments; which decision makers are best positioned to determine whether, when, why, and with whom students’ data should be shared outside the school environment; what types of data may be unregulated by privacy law and what additional safeguards might be required; and what role privacy law and ethics serve as we seek to bolster related values, such as equity, agency, and autonomy, to support youth and their pathways. These and similar intersections at which the current federal legal framework is ambiguous or inadequate pose challenges for key stakeholders. This chapter proposes that a “blended” governance approach, which draws from technology-based, market-based, and human-centered privacy protection and empowerment mechanisms and seeks to bolster legal safeguards that need to be strengthen in parallel, offers an essential toolkit to find creative, nimble, and effective multistakeholder solutions.

scholarly journals Understanding and Promoting Racial Diversity in Healthcare Settings to Address Disparities in Pandemic Crisis Management

2021 ◽  
Vol 12 ◽  
pp. 215013272110183
Author(s):  
Azza Sarfraz ◽  
Zouina Sarfraz ◽  
Alanna Barrios ◽  
Kuchalambal Agadi ◽  
Sindhu Thevuthasan ◽  
...  
Keyword(s):  
United States ◽  
Health Disparities ◽  
Racial Discrimination ◽  
Clinical Training ◽  
Minority Groups ◽  
Mental Health Problems ◽  
Minority Group ◽  
Healthcare Delivery ◽  
The United States ◽  
Majority Group

Background: Health disparities have become apparent since the beginning of the COVID-19 pandemic. When observing racial discrimination in healthcare, self-reported incidences, and perceptions among minority groups in the United States suggest that, the most socioeconomically underrepresented groups will suffer disproportionately in COVID-19 due to synergistic mechanisms. This study reports racially-stratified data regarding the experiences and impacts of different groups availing the healthcare system to identify disparities in outcomes of minority and majority groups in the United States. Methods: Studies were identified utilizing PubMed, Embase, CINAHL Plus, and PsycINFO search engines without date and language restrictions. The following keywords were used: Healthcare, raci*, ethnic*, discriminant, hosti*, harass*, insur*, education, income, psychiat*, COVID-19, incidence, mortality, mechanical ventilation. Statistical analysis was conducted in Review Manager (RevMan V.5.4). Unadjusted Odds Ratios, P-values, and 95% confidence intervals were presented. Results: Discrimination in the United States is evident among racial groups regarding medical care portraying mental risk behaviors as having serious outcomes in the health of minority groups. The perceived health inequity had a low association to the majority group as compared to the minority group (OR = 0.41; 95% CI = 0.22 to 0.78; P = .007), and the association of mental health problems to the Caucasian-American majority group was low (OR = 0.51; 95% CI = 0.45 to 0.58; P < .001). Conclusion: As the pandemic continues into its next stage, efforts should be taken to address the gaps in clinical training and education, and medical practice to avoid the recurring patterns of racial health disparities that become especially prominent in community health emergencies. A standardized tool to assess racial discrimination and inequity will potentially improve pandemic healthcare delivery.

scholarly journals A Geography of Risk: Structural Racism and COVID-19 Mortality in the United States

2021 ◽  
Author(s):  
Lauren C Zalla ◽  
Chantel L Martin ◽  
Jessie K Edwards ◽  
Danielle R Gartner ◽  
Grace A Noppert
Keyword(s):  
Minority Groups ◽  
Ethnic Disparities ◽  
The United States ◽  
Structural Racism ◽  
Public Health Response ◽  
Health Response ◽  
The Us ◽  
Racialized Minority ◽  
Racial And Ethnic Minority ◽  
Disproportionate Burden

Abstract Coronavirus disease 2019 (COVID-19) is disproportionately burdening racial and ethnic minority groups in the US. Higher risks of infection and mortality among racialized minorities are a consequence of structural racism, reflected in specific policies that date back centuries and persist today. Yet, our surveillance activities do not reflect what we know about how racism structures risk. When measuring racial and ethnic disparities in deaths due to COVID-19, the CDC statistically accounts for the geographic distribution of deaths throughout the US to reflect the fact that deaths are concentrated in areas with different racial and ethnic distributions than that of the larger US. In this commentary, we argue that such an approach misses an important driver of disparities in COVID-19 mortality, namely the historical forces that determine where individuals live, work, and play, and consequently determine their risk of dying from COVID-19. We explain why controlling for geography downplays the disproportionate burden of COVID-19 on racialized minority groups in the US. Finally, we offer recommendations for the analysis of surveillance data to estimate racial disparities, including shifting from distribution-based to risk-based measures, to help inform a more effective and equitable public health response to the pandemic.

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