Differential Pass-Fail Rates in Employment Testing: Statistical Proof under Title VII

Elaine W. Shoben

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Discrimination and Equality Law Labor Law and Work Dynamics Law, Rights, and Freedoms

Abstract

In this Comment, Professor Shoben advocates the use of a statistical technique—a test of the difference between independent proportions—to assess the substantiality of differences in pass rates among various groups on employment tests, in order to facilitate determination of disproportionate impact under title VII of the Civil Rights Act of 1964. She then compares this method with the procedure adopted in the Federal Executive Agency Guidelines on Employee Selection Procedures and suggests several flaws in the latter approach.

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