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Workshop 12 (half day)

EEO Update 2008
Adding, Deleting, or Altering Selection Instruments:  Required, Permitted, or Prohibited?

Presenters:      Keith M. Pyburn, Jr., Fisher & Phillips, LLP
                         John A. Weiner, PSI Services LLC
Coordinator:     Bill Sipe, Mercer

Organizations commonly rely upon assessment instruments and other procedures to guide selection decision making for talent acquisition. Alternative uses of assessments abound.  The use of employee selection procedures is subject to fair employment legislation, case law, and federal and state regulatory actions, which are continuously evolving. I-O practitioners are well advised to keep abreast of these developments in order to balance psychometric and organizational concerns with legal considerations and risk. This session will review current legal issues, enforcement trends, and cases related to alternative uses of selection instruments (e.g., cut scores, scoring and decision strategies, alternative content and methods), along with corresponding issues, research, and considerations for practitioners who work with organizations to design and implement talent selection systems.

This workshop is designed to help participants:

  • Identify current trends in enforcement agency activity
  • Summarize legal requirements and issues related to choosing and justifying tests
  • Summarize legal issues and cases regarding test use and decision making
  • Identify alternative strategies for test scoring and use, and their effects upon validity and adverse impact
  • Summarize legal issues and cases related to modifying assessments to increase selectivity, reduce adverse impact and/or increase validity
  • Identify psychometric and practical impact of modifying assessments to increase selectivity, reduce adverse impact and/or increase validity

Keith M. Pyburn, Jr. is a partner of the law firm Fisher & Phillips, LLP, and has represented management in the practice of labor relations and employment law since 1975.  Mr. Pyburn is a member of the ABA, Section of Labor Employment, Equal Employment Law Committee (1976–present), and has served as a member of the Planning Board and its Executive Committee of the Multi-State Labor and Employment Law Conference since 1990. Pyburn has published and lectured on a variety of employment-related topics, such as sexual harassment, ethics, and various testing issues, such as Legal and Technical Developments in the Use and Challenges to the Use of Testing in Employment; Testing and the Law; EEOC Litigation, Affirmative Action and the Use of Tests; and Evolving Technical and Legal Standards for Employment Testing and the Setting of Cut Points.  He received his JD from Tulane University School of Law in 1974 and is a member of the Louisiana Bar Association.

John A. Weiner has over 25 years of experience in assessment research and HR applications. He is currently vice president of Products and Services at PSI, where he has led the development and implementation of assessments for talent acquisition at all levels, from hourly to executive. John has consulted with hundreds of business and government organizations to provide psychometrically sound and legally defensible assessment instruments and systems for a wide range of applications. He has authored numerous technical publications and has presented frequently at SIOP and other national conferences on a variety of topics related to selection and assessment, including Legal Issues in the Use of Cut Scores; Validity Generalization in the Workplace; Impact of Testing Conditions on Online Assessment; Cross-Cultural Employment Testing; HR Technology Applications; Issues in Unproctored Internet-Based Testing; and Employee Turnover Research. He holds a master’s degree in psychology from California State University, Sacramento, specializing in quantitative methods and industrial psychology.

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