Organizations' Relative Degree of Exposure to Selection Discrimination Litigation
This study examined nearly 400 federal court cases in which substantive, or primary, selection devices were legally challenged as being discriminatory. The findings indicated that the relative frequency of occurrence of discrimination charges varied for different types of organizations. Some industry sectors and some job types were associated with a much greater risk of exposure to litigation than others. For example, the government sector appeared to have a relatively high degree of exposure to selection discrimination litigation. The findings also indicated that the outcomes of the federal court cases (whether the ruling was for the defendant/employer or for the plaintiff) varied by industry type, job type, and type of discrimination charge. Specific recommendations are offered to organizations that operate in high risk industry sectors, and that have high risk job types, with an eye toward reducing the possibility of litigation.