NCJ Number
54090
Date Published
1978
Length
13 pages
Annotation
PRACTICES TO BE AVOIDED AND PURSUED IN FULFILLING EQUAL EMPLOYMENT STANDARDS IN THE HIRING AND PROMOTION OF LAW ENFORCEMENT DATA-PROCESSING PERSONNEL ARE DISCUSSED.
Abstract
MANAGEMENT AND STAFF INVOLVED IN LAW ENFORCEMENT DATA PROCESSING ARE REQUIRED TO COMPLY WITH EQUAL EMPLOYMENT STANDARDS WHICH PROHIBIT DISCRIMINATION BY RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP, AND AGE. EMPLOYMENT STATISTICS FROM 1973 SHOW A DISPROPORTIONATELY LOW PERCENTAGE OF MINORITY AND FEMALE PERSONNEL WORKING IN POLICE DEPARTMENTS. IN THE ABSENCE OF PROOF TO THE CONTRARY, THIS UNDERUTILIZATION OF MINORITIES AND WOMEN IS PRESUMED TO BE THE RESULT OF DISCRIMINATORY PRACTICES IN EMPLOYMENT. UNLAWFUL DISCRIMINATION IN EMPLOYMENT AND PROMOTION PRACTICES OCCURS UNDER THE FOLLOWING CIRCUMSTANCES: (1) DISPARATE TREATMENT, WHICH INVOLVES THE TREATMENT OF PERSONS OF ONE RACE, SEX OR ETHNIC GROUP DIFFERENTLY FROM OTHERS 'SIMILARLY SITUATED,' WITHOUT ADEQUATE EXPLANATION FOR THE DISPARITY; (2) PRESENT EFFECTS OF PAST DISCRIMINATION, WHICH INVOLVE THE USE OF SENIORITY AND TRANSFER PROVISIONS THAT DO NOT NEUTRALIZE THE EFFECTS OF PAST DISCRIMINATION IN EMPLOYMENT; (3) ADVERSE IMPACT, WHICH INVOLVES THE USE OF HIRING STANDARDS NOT DIRECTLY RELATED TO THE JOB SKILLS REQUIRED, IN ORDER TO SCREEN OUT CERTAIN PERSONS FOR DISCRIMINATORY REASONS; AND (4) REASONABLE ACCOMODATION, WHICH REQUIRES THAT AN EMPLOYER ACCOMODATE WORK SCHEDULES TO THE RELIGIOUS NEED AND OBSERVANCES OF EMPLOYEES. SOME PITFALLS THAT CREATE THE APPEARANCE OF EQUAL OPPORTUNITY BUT UNDERMINE THE LONG-TERM QUALITY OF THE WORKFORCE ARE DISCUSSED. THESE PITFALLS OCCUR IN THE AREAS OF JOB ANALYSIS, RECRUITMENT, HIRING AND ASSIGNMENT, TRAINING AND PROMOTION, LAYOFFS, TERMINATION, AND HUMAN RESOURCE PLANNING. FOOTNOTES ARE PROVIDED. (RCB)