Laying Down the Law: Engaging Industrial-Organizational Psychology Undergraduate Students on Employment Legal Issues
Satoris S. Culbertson
Kansas State University
Travis Tubré
University of Wisconsin-River Falls
Shawn Post-Priller
University of Wisconsin-River Falls
Few would argue that a topic of great importance within I-O psychology involves legal issues in the workplace. Indeed, there is evidence that such knowledge can have tremendous value. For instance, Erffmeyer and Mendel (1990) reported that former I-O psychology master’s students indicated that having a course on legal issues was the second most useful factor in obtaining a first job. It is no wonder, therefore, that graduate curricula in I-O psychology typically involve some degree of coverage of the legal basis for employment decision making, with one-third of programs reportedly offering an entire course devoted to such issues (Vodanovich & Piotrowski, 2000).
The importance of legal knowledge concerning the workplace, however, is not limited to graduate students. The majority of college graduates who enter the workforce hold bachelor’s degrees. In addition, for many undergraduate students (especially psychology majors), an introductory I-O psychology course may provide their only exposure to employment law. Thus, instructors in these courses have a singular opportunity for impact and can do their students a distinct service by providing expanded coverage of employment law. There is a concern, however, for many instructors in keeping current with the legal literature (Vodanovich & Piotrowski, 2000). In addition, considering the vast amount of information that instructors must cover in the typical I-O psychology course, there is only a limited amount of time that can be devoted to legal issues. As such, it is important to maximize the transfer of this information.
Thus, our purpose here is twofold. First, we provide suggestions for ways to increase learning and retention of employment legal issues. In an effort to “practice what we preach,” our tips focus on training transfer and retention strategies identified as effective in the empirical I-O psychology literature. Second, to aid instructors in their implementation of these strategies as well as reduce the amount of time they must devote to following our strategies, we provide specific examples from a variety of popular textbooks used for teaching undergraduate I-O psychology courses in terms of how legal issues are covered in the texts and how they empirically support the various transfer and retention strategies.1
1 In deciding which textbooks to include when providing specific examples, we contacted major textbook publishers to inquire about their I-O psychology selections and solicited feedback from colleagues regarding which textbooks they used. In addition, we chose to only include textbooks that had been published or revised within the past 3 years (i.e., 2005 or later). It should be noted that we did not seek to rank or rate the books in terms of quality of coverage. Rather, we sought to illustrate the various ways textbook authors approach the realm of legal issues in employment decision making. In this manner, we hope to aid instructors by providing specific examples they can go to in order to improve transfer and retention of legal information.
Transfer and Retention Strategies
We begin with a brief review of the literature on training transfer and retention based on extant I-O psychology literature. Whereby this is an overview and not an empirical piece, we selectively focused on review pieces that aggregate findings from the literature at large. In that vein, Machin (2002) provided an integrative review of various transfer models. His review followed the general structure proposed by Broad and Newstrom (1992), focusing on events that occur prior to, during, and following the training intervention. Because undergraduate instructors rarely assess actual learning transfer once a course has ended, we focus on pretraining interventions and events that occur during training (i.e., during the course itself).
Pretraining Interventions
Although it is a loose interpretation of the pretraining time period, we focus on the first day of class where the syllabus is reviewed, topics are outlined, and learning objectives are communicated. Machin’s (2002) review of pretraining interventions begins with a discussion of Baldwin and Ford’s (1988) seminal work, which focused on three sets of variables that influence transfer: trainee characteristics, training design characteristics, and work environment characteristics. Given the nature of our paper, trainee characteristics and training design characteristics are most relevant to our discussion. As noted in both Machin’s (2002) and Baldwin and Ford’s (1988) reviews, many pretraining interventions are geared toward increasing trainees’ motivation to learn the training content and may focus on goal setting, information about expectations of trainees and trainers, communication about the relevance and purpose of training, and trainee participation in decision making.
All of these are relevant to instruction in undergraduate I-O psychology courses. First, learning objectives identified in the syllabus and discussed early in the course should clearly state what students will be expected to learn, explain why the context of legal issues is important, and set goals for coverage in the course. Machin (2002) discussed goals such as “to actively participate in the course” and “to actively practice new skills at the first opportunity” (p. 7). For example, students may routinely face inappropriate questions in interview settings. Informing them that they will have the opportunity to practice ways to respond to such questions may spark their interest in upcoming content. To the extent students see the application of this set of material, they should be more motivated to learn it. Undergraduate students are a unique population in this regard because they are often heavily focused on career planning and exploration. As noted by Facteau, Dobbins, Russell, Ladd, and Kudisch (1995), individuals such as these are ripe targets for job and career relevant information. Undergraduate instructors should aim to gain students’ interest up front and help them see the relevance by connecting to their current experiences. To this end, Aamodt (2007) previews the importance of employment law by discussing it in his textbook’s introductory chapter. In his second chapter, on job analysis and evaluation, he introduces the Uniform Guidelines (1978) and references Griggs v. Duke Power Company (1971), among other cases. In essence, he provides an easy preface to the heavy content of his third chapter on legal issues in employee selection, making it clear that legal issues are important learning objectives deserving of comprehensive coverage.
Similarly, the issue of trainee participation could be operationalized early on by making students aware that they will be able to choose some of the discussion topics in the legal issues section of the course. Instructors could work with cases that parallel experiences their students have had or anticipate having. For instance, students often hold entry-level jobs that subject them to drug testing in preemployment screening. Similarly, they may work in settings where fraternization and power differentials in relationships are common (e.g., restaurants or dorm resident assistantships). Giving them the option to choose more extended discussions on some of these topics is a natural way to increase the perceived relevance of the material and their associated motivation. Given its modular format, Landy and Conte’s (2007) textbook lends itself well to this sort of flexible syllabus where students can choose some discussion topics. Landy and Conte include modules on such topics as The Social and Legal Context of Performance Evaluation, Fairness, Violence at Work, and Diversity. This is particularly beneficial for incorporating trainee (student) participation.
Machin (2002; see also Haccoun & Saks, 1998) also noted that improving trainees’ self-efficacy is a major goal of many pretraining interventions. Many students may see the legal context as tedious, cumbersome, and overly complex. Of course, to some extent they are correct (consider the complexity of the Americans with Disabilities Act standards). However, instructors can alleviate some of this anxiety by making it clear that students will not be expected to be able to argue a case in front of a circuit court. Rather, they will be exposed to general principles that will benefit them in their employment future, such as being informed about misconceptions in employment law (e.g., that sexual orientation is a federally protected class) and learning strategies for dealing with discrimination in their jobs.
Interventions During Training
Machin (2002) also reviewed the work of McGehee and Thayer (1961) and Baldwin and Ford (1988), noting that training design characteristics that improve transfer and retention can generally be summarized into four major areas: identical elements, general principles, stimulus variability, and conditions of practice. The principle of identical elements states that transfer will be maximized to the extent that psychological fidelity between the training context and the work environment is strong (Baldwin & Ford, 1988). Undergraduate students are more likely to appreciate and learn about legal issues in the employment context when the course elicits or focuses on similar attitudes and behaviors that they face, or will face, at work. Baldwin and Ford (1988) noted the importance of trainees attaching “similar meanings in the training and organizational context” (p. 87). For instance, esoteric discussion of psychological theories of sexual harassment should be accompanied by real world examples. In addition, theoretical coverage of affirmative action could be supplemented with discussion of how affirmative action affects students in higher education. Relevant examples include the recent court decisions in Gratz v. Bollinger (2003) and Grutter v. Bollinger (2003) as well as the ensuing Michigan Proposal 2.
Discussions of historically important court cases can also be improved by helping students connect with the people behind the case. In their On the Legal Front series in The Industrial-Organizational Psychologist, Art Gutman and Eric Dunleavy bring case law and legal issues to life. Although the column is likely too advanced for many undergraduates, the strategy is compelling. For instance, in a discussion of “heightened security” following 9/11, Gutman shared a personal experience regarding discrimination based on national origin (Gutman, 2002). In the example, he recounted being at an airport and observing an exhaustive search conducted on the car of a Middle Eastern driver while his own car was hardly searched. Many students have likely had similar experiences, but they perhaps have not thought of these as examples of discrimination that relate to employment practices.
Finally, identical elements could be accomplished by providing students with schemas for legal issues that go beyond the text on a page. For instance, Levy’s (2006) textbook provides a number of photographs illustrating case law or legislation. He provides a photo of a male flight attendant in his discussion of Diaz v. Pan Am (1971), a photo of an older technical worker in his discussion of Cleverly v. Western Electric (1979), and a photo of a disabled woman working in his discussion of the American with Disabilities Act. Compared to textual descriptions, these visual representations may be more consistent with discrimination students might see.
The notion of general principles (Baldwin & Ford, 1988; Machin 2002) holds that transfer is maximized when trainees learn broad theory and general rules that underlie training content. Along these lines, Muchinsky’s (2006) textbook provides a general overview of five major, historical court cases that have shaped the legal context for employment decisions. Of course, to put the science in scientist–practitioner, many instructors focus on theoretical aspects of course content. However, it pays to note Machin’s (2002) suggestion that research supporting the benefits of a general principles approach to training is limited. He stated that “the potential benefits of using general principles must be weighed against the possible reduction in trainees’ motivation during training” (p. 16). Whereby many undergraduate I-O psychology courses are taught at the sophomore or junior level, excessive focus on abstract theory may be overkill, and a balance between promoting scientific understanding and helping students develop real-world skills may be more fruitful.
A third aspect of training design is stimulus variability, which involves using a variety of training stimuli and/or methods (Baldwin & Ford, 1988; Machin 2002). This concept is well represented in most widely used I-O psychology textbooks, with modes of presentation including checklists, tables, flowcharts, applied case studies, employment profiles, cartoons, and photographs. For example, in their textbook, Schultz and Schultz (2006) include a New York Times column describing an African-American corporate lawyer and professor mistaken for a “delivery boy” who slipped through reception. He was tracked down by a security guard just as he was joining a client in his office. Similarly, Spector’s (2006) textbook includes a discussion of legal selection outside the United States. This example is more of a topical approach to stimulus variability but provides a reminder that employment decisions happen around the globe and that not all cultures share the same values regarding fairness in employment decision making.
Course practices that provide stimulus variability might include focused discussions, mock interviews, multimedia presentations, guest speakers, and other such techniques. Of course, as noted by Machin (2002), it is important to have an organizing framework so the course does not devolve into a mishmash of seemingly unrelated trivia. However, providing different examples, exposing students to something other than textbook reading on a topic, and connecting to students using some of their typical modes of communication are likely useful strategies for improving engagement and subsequent transfer.
The final training design aspect we will discuss is conditions of practice, which Baldwin and Ford (1988) discussed as involving multiple issues such as overlearning, feedback mechanisms, massed versus distributed training, and whole versus part training. Machin (2002) summarized these conditions by stating that the need for training that “promotes longer term skill development” or adaptive expertise is growing (p. 20). For our discussion of strategies for improving undergraduates’ understanding of legal issues in employment, we focus on what Machin labeled discovery learning approaches. Machin cited the work of Kamouri, Kamouri, and Smith (1986) in noting that discovery learning gives trainees (i.e., students) the opportunity to explore the course material in a guided context that includes prompts, asking leading questions, and active engagement in learning activities.
Case law provides a powerful vehicle for promoting discovery learning. Employment law cases have known outcomes, but the variables that lead to these known outcomes are many and complex. Cases are decided based on evidence but also on subjective interpretation of complex law. One useful discovery learning strategy is to present the facts of representative cases to student groups and have them interpret the facts and “decide” the cases. After the groups have made their decisions and presented their rationales, the actual findings in the cases are discussed. At this point, students discuss any discrepancies between their findings and those of the courts that actually decided the cases. One powerful aspect of this application is the realization that courts and justices are fallible and often divided in their opinions. Dissents in legal cases often provide useful insight that is lost in the majority ruling. Again, Gutman and Dunleavy’s On the Legal Front column provides rich models for this sort of application. They often focus on the dissenting opinion or their own opinions concerning the facts of a case. This forces the reader to think about the issues at a broader level and generalize to novel situations.
Summary
Educating undergraduate I-O psychology students on legal issues in the workplace is essential to their education, particularly as employers have continued to express a desire for such training in their prospective employees (Bena & Mendel, 1980; Erffmeyer & Mendel, 1990). As such, we proposed strategies for engaging undergraduates in the study of legal issues in employment decision making. In addition, upon completion of their survey of the teaching of legal issues in graduate programs, Vodanovich and Piotrowski (2000) posed the question, “Is there sufficient summary material (e.g., texts) to enhance the teaching of legal material in I-O?” In terms of textbooks aimed at undergraduate students, we found numerous examples that presented information in ways that would likely promote retention and transfer of current legal issues. By providing such specific examples, our suggestions should prove useful for overcoming student hesitation about studying this broad and complex, yet critical topic.
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Author’s Note: A version of this paper was presented at the 23rd Annual Society for Industrial and Organizational Psychology Conference, San Francisco, CA. Please address all correspondence concerning this article to Satoris S. Culbertson, Department of Psychology, Kansas State University, 492 Bluemont Hall, 1100 Mid-Campus Drive, Manhattan, KS 66506-5302.
E-mail: satoris@ksu.edu.