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	<title>Comments on: Employer tossed biased test results – still hit hard in court</title>
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		<title>By: Mike J.</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11983</link>
		<dc:creator>Mike J.</dc:creator>
		<pubDate>Mon, 13 Jul 2009 12:39:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11983</guid>
		<description>Yes PR, I read it; along with no less than 7 other articles on the issue.  Strangley the siop article differed from the others in view of the facts of the case.   Key issue?  It was reviewed prior to the testing by all interested parties.  ALL found ALL questions relevant to the job.  After the fact when one group was under represented they cried &quot;racial bias&quot; and played the victim card.  The time to complain and cry is before the test not after.  If the roles had been reversed I&#039;m sure that the same groups would have been silent.  I an most of the business community are tired of bending over backward to accomidate everyone only to be called racist for our trouble.  The problem is not that we are racist, we are by and large not,  the problem is that we refuse to lower the stahdards or give preferential treatment to the groups that were descriminated aganst as a matter of course 50 years ago.  That was 50 years ago, not today.  Our culture and the law have done away with the vast majority of decrimination and replaced it with reverse descrimination called &quot;afirmative action&quot;.  Now the law is finally seeing this for what it is and throwing it out.  No big loss.  Now all will have to work to get ahead rather than some getting a free ride and others being shut out.  Descrimination is a foul fiend in the workplace no matter who it affects, that is what the law was put in place to eliminate and we as professionals should make sure that it accomplishes that goal.</description>
		<content:encoded><![CDATA[<p>Yes PR, I read it; along with no less than 7 other articles on the issue.  Strangley the siop article differed from the others in view of the facts of the case.   Key issue?  It was reviewed prior to the testing by all interested parties.  ALL found ALL questions relevant to the job.  After the fact when one group was under represented they cried &#8220;racial bias&#8221; and played the victim card.  The time to complain and cry is before the test not after.  If the roles had been reversed I&#8217;m sure that the same groups would have been silent.  I an most of the business community are tired of bending over backward to accomidate everyone only to be called racist for our trouble.  The problem is not that we are racist, we are by and large not,  the problem is that we refuse to lower the stahdards or give preferential treatment to the groups that were descriminated aganst as a matter of course 50 years ago.  That was 50 years ago, not today.  Our culture and the law have done away with the vast majority of decrimination and replaced it with reverse descrimination called &#8220;afirmative action&#8221;.  Now the law is finally seeing this for what it is and throwing it out.  No big loss.  Now all will have to work to get ahead rather than some getting a free ride and others being shut out.  Descrimination is a foul fiend in the workplace no matter who it affects, that is what the law was put in place to eliminate and we as professionals should make sure that it accomplishes that goal.</p>
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		<title>By: Peter Rogosin</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11856</link>
		<dc:creator>Peter Rogosin</dc:creator>
		<pubDate>Fri, 10 Jul 2009 21:53:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11856</guid>
		<description>Well I guess you people didn&#039;t read the SIOP article.   It is hard to argue with personal feelings that rely on a rejection of science.  I guess the &quot;god-given&quot; gave it away.</description>
		<content:encoded><![CDATA[<p>Well I guess you people didn&#8217;t read the SIOP article.   It is hard to argue with personal feelings that rely on a rejection of science.  I guess the &#8220;god-given&#8221; gave it away.</p>
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		<title>By: dawn</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11834</link>
		<dc:creator>dawn</dc:creator>
		<pubDate>Fri, 10 Jul 2009 18:24:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11834</guid>
		<description>Ditto Syl</description>
		<content:encoded><![CDATA[<p>Ditto Syl</p>
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		<title>By: Syl</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11833</link>
		<dc:creator>Syl</dc:creator>
		<pubDate>Fri, 10 Jul 2009 18:18:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11833</guid>
		<description>Amen to that!

EVERY race should have the SAME consideration and opportunity in the workplace.

Where racism is proven, it should be dealt with to the maximum extend of the law.

When the decisions are made fairly and consistently with with no evil-intent - leave it alone!!!

We ALL need to prove our worth by working hard, educating ourselves and attaining the maximum God-given potential!!</description>
		<content:encoded><![CDATA[<p>Amen to that!</p>
<p>EVERY race should have the SAME consideration and opportunity in the workplace.</p>
<p>Where racism is proven, it should be dealt with to the maximum extend of the law.</p>
<p>When the decisions are made fairly and consistently with with no evil-intent &#8211; leave it alone!!!</p>
<p>We ALL need to prove our worth by working hard, educating ourselves and attaining the maximum God-given potential!!</p>
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		<title>By: Mike J.</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11825</link>
		<dc:creator>Mike J.</dc:creator>
		<pubDate>Fri, 10 Jul 2009 17:58:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11825</guid>
		<description>Last I checked it was a LAW that states a test must be unbiased not a SCIENCE.  This being the case it would appear that a LAWYER just might be the best judge of a LAW and whether or not it had been followed.  Now if there was SCIENCE that stated things should be unbiased than I would take it to a SCIENTIST and subject it to SCIENTIFIC analysis.  All kidding aside your post and position is totally unscientific in the extreme. If I ask someone what steps to follow to open a door in a burning building and similar questions and they can not give the correct answer it has nothing to do with racial bias.  It has to do with lack of knowlwedge.  this test was screened by the union reps who were, strangely enough, firemen.  It seems to me that they should know what types of questions applied to firemen and what type do not.  This being the case, a group of FIREMEN and group of LAWYERS, it is a law thing and a firemen thing, should have a pretty good idea of whether a test is biased or not.  Just because no firemen of a set racial group passed is not a defacto indication of the tests validity.  Does it say you should look at the test, absolutely, does it indicate unfairness or bias, absolutely not.  Every person in our society should be judged, and tested, with NO regard for the color of their skin.  Saying that the 15 or 20 whites and hispanics were not the best candidates just because they were not black is prejudice of just as evil a stripe as saying that no blacks are good enough based on thier race.  Quit trying to play the victim and give every race the same consideration and chance in the workplace and the world.</description>
		<content:encoded><![CDATA[<p>Last I checked it was a LAW that states a test must be unbiased not a SCIENCE.  This being the case it would appear that a LAWYER just might be the best judge of a LAW and whether or not it had been followed.  Now if there was SCIENCE that stated things should be unbiased than I would take it to a SCIENTIST and subject it to SCIENTIFIC analysis.  All kidding aside your post and position is totally unscientific in the extreme. If I ask someone what steps to follow to open a door in a burning building and similar questions and they can not give the correct answer it has nothing to do with racial bias.  It has to do with lack of knowlwedge.  this test was screened by the union reps who were, strangely enough, firemen.  It seems to me that they should know what types of questions applied to firemen and what type do not.  This being the case, a group of FIREMEN and group of LAWYERS, it is a law thing and a firemen thing, should have a pretty good idea of whether a test is biased or not.  Just because no firemen of a set racial group passed is not a defacto indication of the tests validity.  Does it say you should look at the test, absolutely, does it indicate unfairness or bias, absolutely not.  Every person in our society should be judged, and tested, with NO regard for the color of their skin.  Saying that the 15 or 20 whites and hispanics were not the best candidates just because they were not black is prejudice of just as evil a stripe as saying that no blacks are good enough based on thier race.  Quit trying to play the victim and give every race the same consideration and chance in the workplace and the world.</p>
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		<title>By: Syl</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11823</link>
		<dc:creator>Syl</dc:creator>
		<pubDate>Fri, 10 Jul 2009 17:45:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11823</guid>
		<description>Peter, I appreciate your beliefs and your bluntness.  I also appreciate the &quot;intent&quot; of Affirmative Action, Unios and Civil Rights activism.

The problem is &quot;extremism&quot; - We tend to see everything in &quot;black and white.&quot;   Unfortunately, that is not how our world works...

I for one (a minority), support the Supreme Court Decision - provided that the test was duly examined, tested, approved and proved not to be discriminatory, &quot;prior&quot; to it being administered.  Tests need to determine the &quot;job relatedness&quot; and assess the individual&#039;s competency to perform such functions.  I agree that the BEST person should be promoted, especially in situations where people&#039;s lives are at stake.

Question is (everything being &quot;equal&quot;) - would this case have made it to the Supreme Court if the individuals that failed where white?  Perhaps not.

Racism exists, no question about it!  (trust me, I&#039;ve personally experience - and let me tell you, it hurts!!!).  However, we cannot see every decision where a minority is not promoted, hired or disciplined as a case of racism - there are so many other factors to consider.....  In this case, the fact is that some employees failed the test because they were not prepared.  Rather than complaining about racism, they should first find out how they can improve themselves and be better prepared next time.  

Being in a &quot;protective&quot; class should not be a crutch to success, but rather an inspiration to try harder and succeed!  EVERYONE should be held at the highest standards, regardless of sex, color, etc., etc.</description>
		<content:encoded><![CDATA[<p>Peter, I appreciate your beliefs and your bluntness.  I also appreciate the &#8220;intent&#8221; of Affirmative Action, Unios and Civil Rights activism.</p>
<p>The problem is &#8220;extremism&#8221; &#8211; We tend to see everything in &#8220;black and white.&#8221;   Unfortunately, that is not how our world works&#8230;</p>
<p>I for one (a minority), support the Supreme Court Decision &#8211; provided that the test was duly examined, tested, approved and proved not to be discriminatory, &#8220;prior&#8221; to it being administered.  Tests need to determine the &#8220;job relatedness&#8221; and assess the individual&#8217;s competency to perform such functions.  I agree that the BEST person should be promoted, especially in situations where people&#8217;s lives are at stake.</p>
<p>Question is (everything being &#8220;equal&#8221;) &#8211; would this case have made it to the Supreme Court if the individuals that failed where white?  Perhaps not.</p>
<p>Racism exists, no question about it!  (trust me, I&#8217;ve personally experience &#8211; and let me tell you, it hurts!!!).  However, we cannot see every decision where a minority is not promoted, hired or disciplined as a case of racism &#8211; there are so many other factors to consider&#8230;..  In this case, the fact is that some employees failed the test because they were not prepared.  Rather than complaining about racism, they should first find out how they can improve themselves and be better prepared next time.  </p>
<p>Being in a &#8220;protective&#8221; class should not be a crutch to success, but rather an inspiration to try harder and succeed!  EVERYONE should be held at the highest standards, regardless of sex, color, etc., etc.</p>
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		<title>By: Paul</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11817</link>
		<dc:creator>Paul</dc:creator>
		<pubDate>Fri, 10 Jul 2009 17:17:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11817</guid>
		<description>Peter,  

Supporters of civil rights, such as MYSELF, consider your statements to be insulting, patronizing, naive and other stuff.  

I believe that all people should be treated equally.  I believe my company should follow the law in its business practices and have always worked to ensure this.  

In my experience when everything is &quot;results&quot; driven the greatest crimes occur.  When the &quot;result becomes the holy grail then you can justify all illegal and immoral activity(check history).  ie you trample the civil rights of one group at the expense of another.  
 
I also believe that when test results such as New Havens occur there needs to be a review to insure the tests are not biased.  I do not ASSUME that the test is biased BECAUSE of the results.   The assumption that because the &quot;results&quot; do not fit with Peter&#039;s preconceived belief of what they should be,  there must be a problem with the test is elitist at best.   

The proper role of statistics is to alert you to potential problems.  I was called on the carpet many years ago because statistics showed our Accounts Receivables were on upward trend.  The &quot;problem&quot; turned out not to be collections but a consistent increase in sales.  A careful analysis of all the factors is mandatory to determine if your conclusion is correct.  Peter assumes that if the test was &quot;fair&quot; the results would be racially balanced.    No thought is given to the demographics of those Whites, Blacks, or Hispanics  who did not pass the test.  

 Peters principle of &quot;results&quot; means that a company can handle each and every case to the letter and intent of the law AND still cited by the zealots for subtle or inadvertent &quot;racism&quot;.  An example of what I&#039;m speaking of.  A local middle school was investigated because certain minorities were being suspended at a higher rate than the other groups.   The civil rights commission investigated and reviewed each and every referral (both minor and serious) to the Dean&#039;s office for two years.  They did not find one case where a suspension did not fit the crime or where students of different groups were  treated differently.  Do you think they could give the school a clean bill of health?  See Peters comment above.  It defies rational logic that if each event that makes up a body of work is legal that you can judge the body of work to be illegal.

Peter please understand that under our legal system we are (should be) all protected under the law. You and I shoulld be subject to the same laws and protections despite our race our gender.  I should not be promoted or denied promotion based on my race no matter how well intentioned.  My position on the New Haven matter would not change one bit if under the same circumstances 19 Blacks and 1 Hispanic passed the test and they threw it out because no whites passed.</description>
		<content:encoded><![CDATA[<p>Peter,  </p>
<p>Supporters of civil rights, such as MYSELF, consider your statements to be insulting, patronizing, naive and other stuff.  </p>
<p>I believe that all people should be treated equally.  I believe my company should follow the law in its business practices and have always worked to ensure this.  </p>
<p>In my experience when everything is &#8220;results&#8221; driven the greatest crimes occur.  When the &#8220;result becomes the holy grail then you can justify all illegal and immoral activity(check history).  ie you trample the civil rights of one group at the expense of another.  </p>
<p>I also believe that when test results such as New Havens occur there needs to be a review to insure the tests are not biased.  I do not ASSUME that the test is biased BECAUSE of the results.   The assumption that because the &#8220;results&#8221; do not fit with Peter&#8217;s preconceived belief of what they should be,  there must be a problem with the test is elitist at best.   </p>
<p>The proper role of statistics is to alert you to potential problems.  I was called on the carpet many years ago because statistics showed our Accounts Receivables were on upward trend.  The &#8220;problem&#8221; turned out not to be collections but a consistent increase in sales.  A careful analysis of all the factors is mandatory to determine if your conclusion is correct.  Peter assumes that if the test was &#8220;fair&#8221; the results would be racially balanced.    No thought is given to the demographics of those Whites, Blacks, or Hispanics  who did not pass the test.  </p>
<p> Peters principle of &#8220;results&#8221; means that a company can handle each and every case to the letter and intent of the law AND still cited by the zealots for subtle or inadvertent &#8220;racism&#8221;.  An example of what I&#8217;m speaking of.  A local middle school was investigated because certain minorities were being suspended at a higher rate than the other groups.   The civil rights commission investigated and reviewed each and every referral (both minor and serious) to the Dean&#8217;s office for two years.  They did not find one case where a suspension did not fit the crime or where students of different groups were  treated differently.  Do you think they could give the school a clean bill of health?  See Peters comment above.  It defies rational logic that if each event that makes up a body of work is legal that you can judge the body of work to be illegal.</p>
<p>Peter please understand that under our legal system we are (should be) all protected under the law. You and I shoulld be subject to the same laws and protections despite our race our gender.  I should not be promoted or denied promotion based on my race no matter how well intentioned.  My position on the New Haven matter would not change one bit if under the same circumstances 19 Blacks and 1 Hispanic passed the test and they threw it out because no whites passed.</p>
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		<title>By: Peter Rogosin</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11810</link>
		<dc:creator>Peter Rogosin</dc:creator>
		<pubDate>Fri, 10 Jul 2009 16:39:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11810</guid>
		<description>One more note:

Dan Biddle wrote a good article on the test (available at http://www.siopexchange.typepad.com) clearly demonstrating the flaws in the test.  If you are really interested in a professional look at why we believe the court was dead wrong - read it.</description>
		<content:encoded><![CDATA[<p>One more note:</p>
<p>Dan Biddle wrote a good article on the test (available at <a href="http://www.siopexchange.typepad.com)" rel="nofollow">http://www.siopexchange.typepad.com)</a> clearly demonstrating the flaws in the test.  If you are really interested in a professional look at why we believe the court was dead wrong &#8211; read it.</p>
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		<title>By: Peter Rogosin</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11806</link>
		<dc:creator>Peter Rogosin</dc:creator>
		<pubDate>Fri, 10 Jul 2009 16:32:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11806</guid>
		<description>Mike writes, &quot;The test was scened by the fire fighters unionl multiple lawyers, and several civil rights groups who all said it was unbiased and contained only job related questions.&quot;  (sic) 

This is again an appeal to non-scientific, non-professional personal testimony that carries no weight what-so-ever.  The most respected professional organization in the field of testing (SIOP) filed a friend of the court brief in the fire-fighters case rejecting use of the test and supporting the lower court rulings.  And you are willing to go with a few union reps, a few &quot;civil rights groups&quot; and some lawyers who say the test looked ok to them!!!  

Hasn&#039;t anyone heard of &quot;face validity&quot; - you know, the non-validity validity where the test &quot;looks&quot; like it should be fair but it may not be?  The courts and the test development profession do not recognize face validity!  The courts and the test development profession recognize content validity, construct validity and criterion validity -period! 

I restate my assertion that anyone who supports the Supreme Court decision in the firefighters case is insensitive to issues affecting minorities in America and apparently have no interest in seeking real solutions with real results.  Sorry to be so blunt!</description>
		<content:encoded><![CDATA[<p>Mike writes, &#8220;The test was scened by the fire fighters unionl multiple lawyers, and several civil rights groups who all said it was unbiased and contained only job related questions.&#8221;  (sic) </p>
<p>This is again an appeal to non-scientific, non-professional personal testimony that carries no weight what-so-ever.  The most respected professional organization in the field of testing (SIOP) filed a friend of the court brief in the fire-fighters case rejecting use of the test and supporting the lower court rulings.  And you are willing to go with a few union reps, a few &#8220;civil rights groups&#8221; and some lawyers who say the test looked ok to them!!!  </p>
<p>Hasn&#8217;t anyone heard of &#8220;face validity&#8221; &#8211; you know, the non-validity validity where the test &#8220;looks&#8221; like it should be fair but it may not be?  The courts and the test development profession do not recognize face validity!  The courts and the test development profession recognize content validity, construct validity and criterion validity -period! </p>
<p>I restate my assertion that anyone who supports the Supreme Court decision in the firefighters case is insensitive to issues affecting minorities in America and apparently have no interest in seeking real solutions with real results.  Sorry to be so blunt!</p>
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		<title>By: Syl</title>
		<link>http://www.hrrecruitingalert.com/employer-tossed-biased-test-results-%e2%80%93-still-hit-hard-in-court/comment-page-1/#comment-11800</link>
		<dc:creator>Syl</dc:creator>
		<pubDate>Fri, 10 Jul 2009 16:02:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrrecruitingalert.com/?p=1779#comment-11800</guid>
		<description>Completely agree with you, Mike.

This is the point that I also tried to make.  The decision whether the test was applicable or not should have been made PRIOR to administering the test.

Lowering standards is NOT the answer.  If there are employees (regarless of color, sex, gender, race or ethnicity) who lack proper skills, then classes should be offered so that they can better prepare.

Holding minorities to a lower standard is offensive, demeaning and should not be tolerated!  The employees that did not pass the exam should have accepted the results, return to school to prepare for the next test and tried again.  Those who prepared and passed should have rightfully been promoted.

When are we going to start accepting responsibility for our own actions?</description>
		<content:encoded><![CDATA[<p>Completely agree with you, Mike.</p>
<p>This is the point that I also tried to make.  The decision whether the test was applicable or not should have been made PRIOR to administering the test.</p>
<p>Lowering standards is NOT the answer.  If there are employees (regarless of color, sex, gender, race or ethnicity) who lack proper skills, then classes should be offered so that they can better prepare.</p>
<p>Holding minorities to a lower standard is offensive, demeaning and should not be tolerated!  The employees that did not pass the exam should have accepted the results, return to school to prepare for the next test and tried again.  Those who prepared and passed should have rightfully been promoted.</p>
<p>When are we going to start accepting responsibility for our own actions?</p>
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