Chapter 3: The Legal Context
<para>Although Ann and Ryan have always known that it is important to comply with equal employment opportunity legislation and other relevant employment laws, it has been 8 years since they conducted any sort of discrimination analyses at their company. They ask you to evaluate the sales associate position for any evidence of discrimination based on gender or ethnicity. Chern’s gives all department and store managers bias and diversity training and has never been sued for disparate treatment. Because it knows that adverse impact is still a risk, the company asks you to analyze its full-time sales associate hiring data at the company level for evidence of adverse impact.</para>
<para><link linkend=”app01table02″ preference=”1″ type=”forward”>Tables <xref linkend=”app01table02″ label=”A-2″><inst>A-2</inst></xref></link>, <link linkend=”app01table03″ preference=”1″ type=”forward”><xref linkend=”app01table03″ label=”A-3″><inst>A-3, and</inst></xref></link> <link linkend=”app01table04″ preference=”1″ type=”forward”><xref linkend=”app01table04″ label=”A-4″><inst>A-4</inst></xref></link> summarize the data you will need to use in your analyses. The data for the sales associate flow statistics are based on the previous 5 years of staffing across all Chern’s stores. Evaluate the stock and concentration statistics and use the four-fifths rule to analyze the flow statistics. In addition to your disparate impact analyses, be sure to recommend strategies that Chern’s can use to alleviate any discrimination you may find. There are disparate impact calculators on these Web pages: http://adverse-impact.com/tools/ and https://hr-software.net/EmploymentStatistics/DisparateImpact.htm that will help you make these calculations and understand the results for your flow analyses. You may find other tools online as well. </para></section>
Sales Associate Statistics Compared to the Relevant Population
|Job Category: Sales Associates|
|Current Sales Associates (%)||Availability of Sales Associates in Relevant Population (%)|
Note: These percentages are for the entire Chern’s organization, not a single store. There are 14,000 full-time sales associates currently working at Chern’s.
Sales Associate Flow Statistics
|# Applicants||# Hired|
Note: These statistics are for the entire Chern’s organization, not a single store, for the past five years.
Sales Associate Concentration Statistics
|Assistant Department Managers
Note: These percentages are for the entire Chern’s organization, not a single store. See the Chern’s Human Resources section above for the number of employees in each position.</para></caption><tgroup cols=”4″ colsep=”0″ rowsep=”0″ align=”left”><colspec colnum=”1″ colname=”c1″ align=”left” colwidth=”150″/><colspec colnum=”2″ colname=”c2″ align=”left” colwidth=”150″/><colspec colnum=”3″ colname=”c3″ align=”left” colwidth=”150″/><colspec colnum=”4″ colname=”c4″ align=”left” colwidth=”150″/>
<listitem><inst> </inst><orderedlist numeration=”loweralpha” spacing=”normal” inheritnum=”ignore” continuation=”restarts”><listitem><inst> a. </inst><para>Use stock, flow, and concentration statistics to determine if any evidence of adverse impact exists.</para></listitem>
<listitem><inst> b. </inst><para>Recommend strategies to alleviate any discrimination you find.</para></listitem></orderedlist></listitem>
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