Separating Law and Professional Practice From Politics

Abstract

The Uniform Guidelines on Employee Selection Procedures have not changed since being promulgated by the U.S. Equal Employment Opportunity Commission and three other agencies in 1978, even though assessment psychology and adverse impact law have evolved. Introducing the symposium, this article suggests that political conflict prevented the Guidelines from being revised in the 1980s and 1990s and could prevent modification from occurring in the future. Instead of relying exclusively on the Guidelines, managers directing selection processes should periodically monitor legal developments and research trends that are reshaping assessment practice.

The Uniform Guidelines Are a Detriment to the Field of Personnel Selection

“…By presenting our arguments for the rescindment or revision of the Uniform Guidelines , we are hoping to foster a professional and collegial debate. Our article draws in part from previous work that either critiques the Uniform Guidelines or highlights differences between the Uniform Guidelines and the Standards and/or Principles (e.g., Biddle, 2010; Cascio & Aguinis, 2001; Copus, 2006; Daniel, 2001; Ewoh & Guseh, 2001; Jeanneret, 2005; Kleiman & Faley, 1985; McDaniel, 2007, 2010; O’Boyle & McDaniel, 2008; Sharf, 2006, 2008). We suggest that the lack of professional debate concerning the Uniform Guidelines damages the profession of I–O psychology by encouraging the use of personnel selection practices unsupported by scientific evidence.…”

“…Before the Uniform Guidelines were issued, the EEOC released employment testing regulations in 1966 ( Guidelines on Employment Testing Procedures ) and in 1970 ( Guidelines on Employee Selection Procedures ). The U.S. Civil Service Commission, the Department of Labor, and the Department of Justice had guidelines for similar purposes (Daniel, 2001). The issuance of successive guidelines may be viewed as an effort to maintain consistency with federal court decisions and scientific knowledge (Daniel, 2001).…”

“…Unfortunately, the most definitive scientific knowledge concerning differential validity and prediction developed largely after the publication of the Uniform Guidelines . However, already in 1978, many I–O psychologists believed that differential prediction did not exist (Daniel, 2001; Hunter, Schmidt, & Hunter, 1979). Thus, the differential prediction requirement in the Uniform Guidelines may have been included due to enforcement considerations rather than technical or scientific knowledge (Daniel, 2001).…”

“…However, already in 1978, many I–O psychologists believed that differential prediction did not exist (Daniel, 2001; Hunter, Schmidt, & Hunter, 1979). Thus, the differential prediction requirement in the Uniform Guidelines may have been included due to enforcement considerations rather than technical or scientific knowledge (Daniel, 2001). Nevertheless, even with the accumulation of scientific knowledge concluding that “differential validity does not exist” (Gatewood, Feild, & Barrick, 2008, p. 547) and that differential prediction typically does not occur, and when it does, it tends to favor minority groups (Hartigan & Wigdor, 1989; Schmidt, Pearlman, & Hunter 1980), the Uniform Guidelines have not been revised to be consistent with current knowledge.…”

“…Despite the overwhelming evidence that the Uniform Guidelines are not in compliance with important legal, technical, and scientific developments (Daniel, 2001; McDaniel, 2007), they have remained unchanged for over 3 decades. Table 2 summarizes inconsistencies between the Uniform Guidelines and science‐based professional practice.…”