Several recent court decisions, emerging state and local legislation and more aggressive regulatory enforcement efforts by the EEOC and OFCCP have led to an increase in the number and types of expected legal challenges to HR processes. Since the decision of the Supreme Court in the landmark Dukes v. Wal-Mart case, class action claims have continued to evolve as plaintiffs seek to specify the particular challenged employment process or the “glue” that holds a particular class together as similarly affected by an employment practice. As a result, there has been a renewed interest in challenging the validity of tests and such formerly-ignored areas as previous experience requirements, criminal background checks and participation in teams. This presentation will review the significant new court decisions and initiatives of regulatory agencies relating to employment practices and discuss the implications for the design and implementation of selection, compensation, performance management, and succession planning processes.
Kathleen K. Lundquist, Ph.D., is a nationally-recognized organizational psychologist who testifies frequently as an expert witness in employment discrimination class-action lawsuits. In addition to testifying for both defendants and plaintiffs, she has been appointed by courts to implement settlements of litigation involving organizations such as Morgan Stanley, Bank of America, Dell, Sodexo, The Coca-Cola Company, Abercrombie & Fitch, Ford Motor Company and the FBI. Dr. Lundquist is president and CEO of APTMetrics, Inc., an international firm which consults with Fortune® 100 employers on the design and implementation of HR processes.