NCJ Number
131920
Journal
Labor Law Journal Volume: 41 Issue: 9 Dated: (September 1990) Pages: 622-632
Date Published
1990
Length
11 pages
Annotation
This study sought to identify the characteristics of court cases involving employment discrimination in the selection of police and fire personnel and to examine any relationships among these characteristics and judges' rulings to determine whether characteristics predicted case outcomes.
Abstract
Five case characteristics were employed to describe litigated cases in the study: basis of the employment discrimination claim; law under which an employment discrimination charge was brought; evidence introduced by plaintiffs to support the contention of adverse impact; adjudication strategy followed in court; and defense strategy. The most frequent basis for filing a discrimination suit was on the basis of race. Of 63 cases reviewed, 27 involved a charge of racial discrimination. There were 14 sex discrimination cases, and plaintiffs were successful in 79 percent of these. In most cases, defendants failed to prove that physical ability tests were job-related. When plaintiffs were successful in proving adverse impact, they won significantly more of their cases. In 37 of 47 cases, plaintiffs won when adverse impact was found and the burden shifted to the defendant. Various forms of evidence were employed by plaintiffs to support arguments of adverse impact, but the two most common arguments involved labor market comparisons and application of the four-fifths rule. It is concluded that the establishment of adverse impact is the principal determinant of case outcomes related to police and fire personnel selection. 33 footnotes and 1 table