Why is it important for I-O and HR

Why is it important for I-O and HR professionals to be familiar with EEO law? • Numerous HR functions are affected by EEO laws (e. g. , personnel selection, performance appraisal, compensation) • Lack of knowledge can lead to possible lawsuits and liability (damages) • Limited awareness of EEO law can lead to poor public relations • May help you get a job by possessing important KSAs (many organizations assume that IO folks know EEO law), But, not commonly taught in graduate school: See: TIP article

Rank Ordering of Course Usefulness in 1 st and Current Jobs (From Erffmeyer & Mendel, 1990) First Full-Time Job Present Full-Time Job Course Personnel Psychology Legal Issues Training Psychometrics I-O Psychology Organizational Psychology Advanced Statistics SPSS Thesis Experimental Design Individual Differences Methods & Ethics Advanced Social Psychology Ranking Mean Rank 1 2 3 4 5. 5 3. 05 4. 95 5. 07 5. 10 5. 90 1 6 4 2 3 3. 76 5. 94 5. 42 4. 82 5. 29 5. 5 5. 90 8 6. 24 7 6. 55 7 6. 00 8 6. 56 5 5. 53 9 7. 05 9 6. 76 10 11 12 13 7. 10 8. 33 9. 00 11. 00 10 12 11 13 6. 82 9. 00 8. 73 10. 59

Source: Tett, Walser, Brown, Simonet, & Tonidandel (April, 2013). The Industrial-Organizational Psychologist.

Some Challenges to Learning EEO Law Even when laws have been written down, they ought not always to remain unaltered. --- Aristotle 1) The legal landscape is constantly changing (new laws, recommendations/guidelines, court decisions) Thankfully, lots of easy accessibility via numerous web sites!!! 2) Legal terminology including many Latin phrases (e. g. , prima facie, en banc, de novo, stare decisis, certiorari) 3) Writing style (e. g. , court cases – double negatives)

Total Charges 42, 018 EEOC Claims by Discrimination Type in 2015 40, 000 35, 000 32, 309 28, 073 30, 000 26, 934 25, 000 20, 857 20, 000 15, 000 9, 840 10, 000 6, 758 3, 486 5, 000 3825 1, 075 1, 000 Retaliation (Total) Race Disability Sex Age National Sexual Pregnancy Origin Harassment For charges by discrimination type from 1997 -2016 (Click here) Religion Equal Pay

Total EEOC Charges By Year # of Total Charges 2010 99, 922 2011 99, 947 2012 99, 412 2013 93, 727 2014 88, 778 2015 89, 385 2016 91, 503

~ Your Textbook Authors ~ Art Gutman, Florida Institute of Technology (Florida Tech, Emeritus) DCI Consulting Web page (here) Developer of On The Legal Front section in The Industrial. Organizational Psychologist (TIP) Laura K. Bryan, Professor and Dean (Vice president of academic affairs and Dean of Transylvania University) Me outside the Supreme Court building before attending a session

Pensacola, FL (2016) Catching up with Laura Koppes (now Bryan) at the Fish House

SIOP Conference 2015 --- Anaheim, CA Sharing a few moments with the first author of your text, Art Gutman, at SIOP (2015)

SC hears fewer than 100 cases per year Total of 179 judges; lifetime appointment. Established by Congress; judges serve 10 year terms

Federal Court of Appeals Map

US Courts of Appeals and US District Courts Map See details of each District Court here The number of districts vary within each State. Some states have only one district (e. g. , Arizona, Colorado, Delaware), while others have multiple districts (e. g. , California, Florida, Texas).

U. S. Supreme Court Background: Court established by Article III, Section 1 of the Constitution: "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. ” The Act also created the federal circuit courts and the federal district courts, the Office of the Attorney General, and granted the President the right to nominate justices for appointment to the United States Supreme Court with the advice and consent of the Senate. In its 1 st year, the Court consisted of 6 justices (one Chief Justice and 5 associate justices). The present composition of one Chief Justice and eight Associate Justices was established under an Act passed in 1948 (28 U. S. C. 1) Relatively weak branch of government in the early years. Supreme Cout Justice Seating Test (Click here)

Reasons Why the Supreme Court Takes a Case 1) Conflicting opinions between the circuit courts 2) Lower court decision that conflicts with previous Supreme Court ruling 3) Issues of constitutional importance • Congress can pass legislation to overturn Supreme Court rulings (e. g. , CRA 1991, Ledbetter Act, ADAAA) By statute, Supreme Court begins on the first Monday in October. Typically. SC sessions continue until late June or early July.

SC Cases/Term: Cases Filed: About approximately 7, 000 -8, 000 new cases filed per year 1950: 1, 195 || 1975: 3, 940 Cases that SC decides to hear (or grants certiorari for full/plenary review): About 80 Granting "cert" requires vote of 4 justices

The Court Process • The person filing the suit is called the “plaintiff” • The person or organization against whom the charge of discrimination is made is called the “defendant”

Legal Citations U. S. Supreme Court Cases Teamsters v. U. S. , 431 U. S. 324 (1977) Volume # Petitioner (Plaintiff) Respondent (Defendant) Reporter Year of decision Beginning page # of case The U. S. Reporter is the preferred cite, but sometimes others are used instead. One is the Supreme Court Reporter format for this is: . The Teamsters v. U. S. , 97 S. Ct. 1843 (1977). There is also a Lawyers Edition that is used: Teamsters v. U. S. , 52, L. Ed. 2 nd 396. Format used in book: Teamsters v. United States (1977) 431 US 324

Federal Circuit Court of Appeals Reporters • Federal Reporter (Cited as F. ) – 1880 -1924 • Federal Reporter, 2 d series. (Cited as F. 2 d) - 1924 -1993 • Federal Reporter, 3 d series. (Cited as F. 3 d) – 1993 +

Legal Citations (cont. ) Federal Court of Appeals Cases Dukes v. Wal-Mart, Inc. 509 F. 3 d 1168 (9 th Cir. 1996) Appellant Appellee Circuit Court Volume # Beginning page # of case Year of decision Reporter Format used in the text: Dukes v. Wal-Mart (CA 9, 1996) 509 F. 3 d 1168. The terms Appellee v. Appellant are used in the Court of Appeals. It is possible that the order of the parties may be reversed. For instance, in a case that started as Dukes v. Wal-Mart at the CA level may exist as Wal. Mart v. Dukes when it reaches the Supreme Court.

Listing of Federal Circuit Court of Appeals 1 st - ME, MA, NH, PR, RI 2 nd - NY, VT, CT 3 rd - PA, NJ, DE, VI 4 th - MD, NC, SC, VA, WV 5 th - LA, TX, MS 6 th - MI, OH, KY TN 7 th - IL, IN, WI 8 th - ND, SD, MN, NE, IA, MO AR 9 th - CA, OR, WA, AZ, MT, ID, NV, AK, HI 10 th - CO, KS, NM, OK, UT, WY 11 th - AL, GA, FL DC - DC, Tax Court, fed admin agencies. Federal - Patent, Int'l Trade, Claims Court and Veterans' Appeals. From: Findlaw. com

Legal Citations (cont. ) Federal District Court Cases Glover v. Johnson, 478 F. Supp. 1075 (E. D. Mich. 1979) Volume # Respondent Petitioner Reporter District Court Beginning page # of case Year of decision