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Discriminatory Impact of Testing

NCJ Number
79542
Date Published
Unknown
Length
0 pages
Annotation
Peter Robertson of the Equal Employment Opportunity Commission tells how to run a criminal justice agency in a nondiscriminatory fashion, especially in regard to personnel selection tests.
Abstract
The concept of employment discrimination and its illegality is embodied in the Civil Rights Act of 1964 and its two amendments extended coverage to State and local governments. The amendments were added, in part, because Congress found that employers did not understand 'employment discrimination.' The speaker delineates three tests of employment discrimination: (1) analysis of the employer's motivation, state of mind, and acts of ill will; (2) examination of the employer's actions or unequal treatment of individuals in like situations; and (3) compliance with the Supreme Court decision in the case of Griggs vs. Duke Power, in which the Court states that any employment practice which operates to exclude blacks and has not been shown to be related to job performance is illegal. An exhaustive analysis of this decision is presented, and application of this principle to criminal justice agencies is illustrated by the examples of cases involving three Ohio police departments in East Cleveland, Cleveland, and Toledo, as well as the Chicago, Ill., department. One case shows how certain requirements operated to exclude women.