Attorney Decision Making in an Employment Discrimination Dispute Involving Personnel Selection

Authors

Erica N. Drew, Florida International UniversityFollow

Document Type

Thesis

Major/Program

Psychology

First Advisor's Name

Chockalingam Viswesvaran

First Advisor's Committee Title

Committee Chair

Second Advisor's Name

Ryan Winter

Third Advisor's Name

Victoria Pace

Keywords

personnel selection, adverse impact, employment discrimination, attorney decision making

Date of Defense

5-16-2011

Abstract

A national sample of attorneys (N = 134) was surveyed to investigate how characteristics of a rejected applicant’s claim would affect subsequent claimant outcomes and appraisals. Equal Employment Opportunity Commission (EEOC) merit determinations positively influenced attorney representation decisions and confidence in favorable claimant outcomes. Attorneys found rejected applicant claims more credible when the claimant perceived the selection procedure to be unrelated to the target position and when the applicant was a racial minority. Attorney course of legal action was dependent on the interaction of both EEOC decision and applicant perceptions of job relatedness, such that more claimant supportive actions were observed when the EEOC found merit and the applicant perceived the selection procedures to be job unrelated. The impact of organizational efforts in validation, scoring procedures, and adverse impact reduction were explored in regard to settlement and litigation outcomes. Exploratory analyses identified best practices in regard to these issues.

Identifier

FI11072515

Recommended Citation

Drew, Erica N., "Attorney Decision Making in an Employment Discrimination Dispute Involving Personnel Selection" (2011). FIU Electronic Theses and Dissertations. 428.
https://digitalcommons.fiu.edu/etd/428