Ricci's Impact on Employee Selection Devices: Practical Advice for the Wary Employment Exam Writer
Why Attend?
Get the information that's essential to your practice in a convenient, concise, and practical seminar. Don't risk falling behind! As an interactive seminar, the program affords the opportunity to submit questions for faculty discussion in advance of and during the event. This intermediate course of study, comprised of 60 minutes of instruction, provides guidance on the essential issues involved with the impact of Ricci.
What You Will Learn
Join nationally recognized speakers Robert B. Fitzpatrick and James L. Outtz, Ph.D. as they discuss the impact and practical implications the Ricci decision has on employers. Going forward there will be much greater emphasis on careful test development and implementation making greater use of current research.
The Supreme Court’s decision in the New Haven Firefighter case has significant implications for both employers and employees. The 5-4 majority, in an opinion by Justice Kennedy (joined by Chief Justice Roberts and Justices Scalia, Thomas, and Alito), held that the City of New Haven violated Title VII of the Civil Rights Act of 1964 when it discarded the results of civil service examinations that had a significant adverse impact against African-American and Latino candidates for promotion to fire lieutenant and captain. The majority concluded that the City's decision to discard the test results would have been in compliance with Title VII if the City had a "strong-basis-in evidence" for believing that it would have been subject to disparate impact liability in a suit brought by non-white candidates, but that the record in this case failed to satisfy this standard. Justices Ginsburg, Stevens, Souter, and Breyer dissented, and would have held that the City's actions complied with Title VII.
Whether you represent employers or employees, invest just 60 minutes from the convenience of your own office or home to hear the analysis of this case and the new state of the law by a national faculty.
Topics include:
• Are there less discriminatory alternatives or alternative methods of use for exams?
• What are the test development options for employers?
• In light of the risk the increased risk that white test takers may now sue, is it safe to use tests or fixed job requirements at all?
• When is it permissible to decide not to use a test (or to alter the way it is used) because it has a disparate impact?
• Have the standards changed as to when a test with a disparate impact is nontheless legal under Title VII?
Faculty
Robert B. Fitzpatrick, Robert B. Fitzpatrick, PLLC
James L. Outtz, Ph.D., Outtz & Associates
Total 60-minute hours of instruction: 1.0, Total 50-minute Hours: 1.2
Suggested Prerequisite: Limited experience in legal practice in subject matter.
Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area, provision of information on recent legal developments; maintenance of professional competence as a practitioner.
Level of Instruction: Intermediate
Times
Eastern 2 pm - 3 pm
Central 1 pm – 2 pm
Mountain 12 noon – 1 pm
Pacific 11 am – 12 noon
Alaska 10 am – 11 am
Hawaii 9 am – 10 am
