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ISSUES CONCERNING THE USE OF REGRESSION ANALYSIS IN SALARY DISCRIMINATION CASES
Authors:GERALD V. BARRETT  DONNA M. SANSONETTI
Affiliation:The University of Akron
Abstract:Twenty-nine salary discrimination court cases were examined to determine ways an organization can refute a regression analysis that leads to the inference of discrimination in compensation. It was found to be equally effective for the organization to introduce its own regression, other statistics, or no statistics. The plaintiff won all of the cases when discrimination was proven in promotion. The defendant won all cases when discrimination was not proven in promotion. Defendants also won all cases when plaintiffs inappropriately treated jobs as fungible or when they failed to include important variables. Market variables may be included in regressions if defendants can show they were applied consistently to determine salaries. The implications of the courts' acceptance of some regressions for comparable worth is presented, and a list of recommendations is made for organizations that may be faced with results from regression analysis in court.
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