Note added October 10, 2013: A lengthy treatment of the measurement of discrimination in varied employment employment contexts may be found in my paper “The Mismeasure of Discrimination,” which was presented in a faculty workshop at the University of Kansas School of Law on September 20, 2013.
The articles below are grouped into two categories.The first group involves the explanation of the flaws in efforts to proved “job segregation” or “initial assignment discrimination” based solely on the way employees in different groups are distributed with a company and without regard to the composition of applicants seeking or willing to accept various position.The second group involves various other issues.
A number of pages on this site also treat employment discrimination issues that have not been treated in the published articles listed below.The Case Study sub-page of the Scanlan’s Rule page presents case studies illustrating (a) the problems with standard measures of differences between outcome rates for appraising the size of an employment disparity and (b) the impossibility of appraising the size of the disparity when one only knows the proportions a group makes up of the persons eligible for selection and of the persons selected (i.e., without knowing the selection rates).Similar or related treatments may be found on the Representational Disparities sub-page of the Scanlan’s Rule page and the Relative Versus Absolute sub-page of the Measuring Health Disparities page.
In the event any of the links on this page fail to retrieve the particular article (or referenced pages), the materials can still be found easily enough on the other pages of this site.
"Women Employees' Case against Publix, Built on Wrong Data, Doesn't Compute," Miami Daily Business Review (Aug. 2, 1996)
"Multimillion-Dollar Settlements May Cause Employers to Avoid Hiring Women and Minorities for Less Desirable Jobs to Improve the Statistical Picture," The National Law Journal (Mar. 27, 1995)