Expert testimony on decision processes in employment cases

The 1991 Civil Rights Act and recent U.S. Supreme Court decisions have modified standards applicable to psychometric or statistical proof of discrimination in employment cases. Changes in the legal standards have increased the role for psychological experts to prove or rebut allegations of disparate impact of hiring or promotional criteria, whether those criteria caused the observed disparities in the workforce, and whether the legitimate needs of the employer were substantially served by the employer's selection criteria. Three different methods or approaches to meet the legal standards are discussed: (a) reliance on traditional psychometric validity analyses; (b) regression analysis or the policy-capturing method; and (c) the survey data approach. These techniques are illustrated by reference to three cases in which experts successfully presented this evidence. While the application of the 1991 Civil Rights Act remains somewhat unclear, these approaches may prove useful in future employment discrimination cases.The views expressed in this paper are those of the authors and do not necessarily reflect those of the U.S. Equal Employment Opportunity Commission or any other government agency.     

The return of the “Battered husband Syndrome” through the typification of women as violent

The process of the social construction of woman abuse includes the essential idea of typification: that how we typify abused women can be a part of justifying help, or it can provide the scientific justification for a male discourse which legitimates abuse and buffers batterers from guilt. Because Straus and Gelles are widely used by the press and academics as authorities, it is essential to recognize their return to an ideological position they once seemingly abandoned: that women are as violent as men, are not acting in self-defense, and may be ultimately responsible for male violence. As this debate is carried on in public, newsmaking criminology must be used to provide the media with alternative feminist views.     

Reviews

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MOTHERING,FATHERING, AND DIVORCE: THE INFLUENCE OF DIVORCE ON REPORTS OF AND DESIRES FOR MATERNAL AND PATERNAL INVOLVEMENT*

The present study investigated the extent to which young adults' reports of—and desires for—maternal and paternal involvement differed between intact and divorced families. An ethnically diverse sample of 1,376 young adults completed measures of reported and desired mothering and fathering across 20 parenting domains. Results indicated that both reports of and desires for father involvement differed sharply by family form (intact versus divorced), whereas few family form differences emerged for reported or desired mother involvement. These findings are discussed in terms of implications for custody and access decisions within the family court system.