It has been an interesting week as I have watched issues that I deal with on a daily basis become part of the mainstream news media. For those of you who are unaware, earlier this week the Supreme Court handed down a ruling in a case that deals with discrimination and employment testing. This case is highly relevant to what myself and other I/O psychologists do, and its complexities do not surprise me at all. I cut my teeth as a psychometrician for the City of New Orleans, helping to create and validate police and firefighter testing. I can say with confidence that, when it comes to test development and validation, public service testing carries with it by far the most potential for litigation. There are many reasons for this, all of which seem to hinge on the promotion (or lack thereof) of those in a protected class (e.g., minorities) over those in non-protected classes.
A complete discussion of the intricacies and technicalities of validation, discrimination, adverse impact, and differential prediction is beyond the scope of the words I am writing today. Suffice it to say that this case has placed competing priorities in the use of testing in the spotlight. These competing priorities are using fair testing while striving to eliminate discrimination in hiring. While title VII of the Civil Rights Act of 1964 has attempted to provide some guidance in relation to these competing goals, the Ricci case has laid bare some critical issues that in my opinion certainly call for the government to re-evaluate and modernize the standards it has set.
We are mandated to use valid tests. Valid tests can often lead to minorities being hired at lower rates than those of other races. This is seen as OK as long as the test has been validated, because in theory this means the test is job-related and job-relatedness is the standard by which the legality of testing is determined.
However, what are we to do when sticking to the use of validation — as we have been asked to do — creates a situation that actually inhibits the goal of ensuring diversity and fairness? This has been a thorny issue for those of us in my profession for a long time. There is no magic bullet. The dissenting opinion in this case led by Justice Ginsburg rallies around the idea that the spirit of diversity and fairness should be the highest standard to which we aspire in hiring. It is hard to argue with this point … except for the fact that there are technical issues which can stand in the way of our achievement of this goal.
So, what does all this mean for hiring in the corporate world? I offer my humble answer to this question as follows: keep reading…


n he saw it as a demotion, even though he kept his salary and his responsibilities. Then he started receiving poorer job evaluations. Two years later, Gross was demoted and his job given to a younger woman.






