Legal Risk in Selection: An Analysis of Processes and Tools

Purpose

This paper reviews a decade of employment litigation to illuminate the most legally dangerous selection devices and employment practices.

Design/Methodology/Approach

A sample (n = 312) of court cases drawn from 10 years of Bloomberg BNA case briefs was analyzed to determine which selection tools (e.g., biographical information blank, interview, cognitive ability test, and psychomotor test) and which selection processes (e.g., violations of the four-fifths rule, administrative inconsistencies, lack of documentation, failure to provide accommodations) are most at risk for litigation for unfair employment practices.

Findings

Results demonstrate that while some selection tools do attract legal scrutiny, dangerous hiring practices such as favoritism against protected classes and improper human resource documentation put employers at far greater risk of suit. When considering cases settled outside of court and those that continued to trial, the data reveal that employers lose employment discrimination cases at a rate nearing 90 % and suffer an average payout of over $1.5 million per case.

Implications

Just as legal challenges once drove the search for selection tools free of adverse impact, the current legal landscape demonstrates the necessity of fair and consistent selection processes. This paper provides evidence of common mistakes in implementing selection systems—mistakes that lead to costly legal battles.

Originality/Value

This paper reduces cumbersome legal records into useful evidence of trends in recent employment law cases. Selection system designers and organizations who implement them will benefit from avoiding the risky hiring practices presented in this paper.     

A Meta-Analysis of the Relationship Between Rater Liking and Performance Ratings

This meta-analysis reviewed the magnitude and moderators of the relationship between rater liking and performance ratings. The results revealed substantial overlap between rater liking and performance ratings (ρ = .77). Although this relationship is often interpreted as indicative of bias, we review studies that indicate that to some extent the relationship between liking and performance ratings potentially reflects “true” differences in ratee performance. Moderator analyses indicated that the relationship between liking and performance ratings was weaker for ratings of organizational citizenship behaviors, ratings made by peer raters, ratings in nonsales jobs, and ratings made for development; however, the relationship was strong across moderator levels, underscoring the robustness of this relationship. Implications for the interpretation of performance ratings are discussed.     

Neuropsychological impairments on the NEPSY-II among children with FASD

Background: We examined the pattern of neuropsychological impairments of children with FASD (compared to controls) on NEPSY-II measures of attention and executive functioning, language, memory, visuospatial processing, and social perception.

Methods: Participants included 32 children with FASD and 30 typically developing control children, ranging in age from 6 to 16 years. Children were tested on the following subtests of the NEPSY-II: Attention and Executive Functioning (animal sorting, auditory attention/response set, and inhibition), Language (comprehension of instructions and speeded naming), Memory (memory for names/delayed memory for names), Visual-Spatial Processing (arrows), and Social Perception (theory of mind). Groups were compared using MANOVA.

Results: Children with FASD were impaired relative to controls on the following subtests: animal sorting, response set, inhibition (naming and switching conditions), comprehension of instructions, speeded naming, and memory for names total and delayed, but group differences were not significant on auditory attention, inhibition (inhibition condition), arrows, and theory of mind. Among the FASD group, IQ scores were not correlated with performance on the NEPSY-II subtests, and there were no significant differences between those with and without comorbid ADHD.

Conclusions: The NEPSY-II is an effective and useful tool for measuring a variety of neuropsychological impairments among children with FASD. Children with FASD displayed a pattern of results with impairments (relative to controls) on measures of executive functioning (set shifting, concept formation, and inhibition), language, and memory, and relative strengths on measures of basic attention, visual spatial processing, and social perception.     

The Relevance of Age of Onset to the Psychopathology of Social Phobia

The present study aimed to examine the relevance of age of onset to the psychopathology of social phobia using a large clinical sample of 210 patients with social phobia. The two most common periods of onset were during adolescence (ages 14–17) and early childhood (prior to age 10). Structural regression modeling was used to test predictions that early onset social phobia would be associated with greater severity of the disorder, stronger current symptoms of depression and anxiety, greater functional impairment, and more pronounced levels of emotional disorder vulnerabilities (e.g., neuroticism/behavioral inhibition, extraversion, perceptions of control). Logistic regression was used to evaluate relationships between age of onset and the presence of acute and chronic stress at the time of onset. Results showed that earlier age of social phobia onset was associated with stronger current psychopathology, functional impairment, and emotional disorder vulnerabilities, and that later age of onset predicted the presence of an acutely stressful event around the time of disorder emergence. These results are discussed in regard to their clinical implications and congruence with prominent etiological models of the emotional disorders.     

Experimental evidence for action imitation in killer whales (Orcinus orca)

Comparative experimental studies of imitative learning have focused mainly on primates and birds. However, cetaceans are promising candidates to display imitative learning as they have evolved in socioecological settings that have selected for large brains, complex sociality, and coordinated predatory tactics. Here we tested imitative learning in killer whales, Orcinus orca. We used a ‘do-as-other-does’ paradigm in which 3 subjects witnessed a conspecific demonstrator’s performance that included 15 familiar and 4 novel behaviours. The three subjects (1) learned the copy command signal ‘Do that’ very quickly, that is, 20 trials on average; (2) copied 100 % of the demonstrator’s familiar and novel actions; (3) achieved full matches in the first attempt for 8–13 familiar behaviours (out of 15) and for the 2 novel behaviours (out of 2) in one subject; and (4) took no longer than 8 trials to accurately copy any familiar behaviour, and no longer than 16 trials to copy any novel behaviour. This study provides experimental evidence for body imitation, including production imitation, in killer whales that is comparable to that observed in dolphins tested under similar conditions. These findings suggest that imitative learning may underpin some of the group-specific traditions reported in killer whales in the field.     

Determinants of coach motivation and autonomy supportive coaching behaviours

ObjectiveThe objective of the present study is to build upon the existing literature examining the coaching context and how it relates to coaches' use of autonomy-supportive interpersonal behaviours (i.e. Stebbings, Taylor, Spray, & Ntoumanis, 2012) by identifying additional environmental factors and exploring the role of coach motivation.DesignAn academic model designed by Pelletier, Seguin-Levesque, and Legault (2002) to predict teacher motivation and autonomy-supportive styles in academic settings, was adapted to the coaching context.MethodsThe influence of pressure from above (sport administrations) and pressure from below (athlete motivation) on coach motivation and autonomy-supportive coaching behaviours was tested using structural equation modeling.ResultsResults support the fit of the model in a sport context.ConclusionsPressure from above, pressure from below, and coach motivation predict coaches’ reported use of autonomy-supportive behaviours.     

Turning Believers into Skeptics: 3-Year-Olds' Sensitivity to Cues to Speaker Credibility

Under most circumstances, children (and adults) can safely assume that the testimony they hear is true. In two studies, we investigated whether 3-year-olds (N = 100) would continue to hold this assumption even if the person who provided the testimony behaved in an uncertain, ignorant, and/or distracted manner. In Study 1, children were less likely to trust that, for example, a key-like object was a spoon if the speaker indicated uncertainty about her testimony (e.g., “I think this is a spoon”) than if she simply labeled the object ostensively (e.g., “This is a spoon”). In Study 2, 3-year-olds were also more skeptical about a speaker's testimony when she had earlier made an obvious naming error and seemed distracted, but not when she either made an error or seemed distracted. These results indicate that 3-year-olds can respond differently to the same testimony, depending on the speaker's behavior.     

Thought insertion: Abnormal sense of thought agency or thought endorsement?

The standard approach to the core phenomenology of thought insertion characterizes it in terms of a normal sense of thought ownership coupled with an abnormal sense of thought agency. Recently, Fernández (2010) has argued that there are crucial problems with this approach and has proposed instead that what goes wrong fundamentally in such a phenomenology is a sense of thought commitment, characterized in terms of thought endorsement. In this paper, we argue that even though Fernández raises new issues that enrich the topic, his proposal cannot rival the version of the standard approach we shall defend.     

The effect of perceived stress on the relationship between perfectionism and burnout in coaches

Abstract

The effects of perceived stress (PS) on the relationship between adaptive and maladaptive forms of perfectionism and burnout were examined. Smith's (1986) stress appraisal model and Kelley, Eklund, and Ritter-Taylor's (1999) model of coach burnout were used to test two models of burnout in a sample of college coaches (N=177). The results indicated that there is an indirect effect of self-evaluative perfectionism (i.e., maladaptive form of perfectionism) on burnout through PS as well as a significant direct link to burnout, accounting for 56% of its variance. In contrast, conscientious perfectionism (CP) (i.e., adaptive perfectionism) did not directly impact burnout, nor was there an indirect effect through PS. Based on Lazarus's (1999) ideas about stress appraisal, the results suggested that maladaptive forms of perfectionism resulted in more threatening perceptions of stress, thus, potentially leading to the experience of burnout. However, adaptive forms of perfectionism did not seem to result in increased appraisals of stress or result in burnout. The results did indicate a significant correlation between the two forms of perfectionism, which may explain why CP did not significantly impact PS or burnout.