Juror perception of employment litigation.

Finkelman, Jay M.

doi:10.1207/s15503461tpmj0801_5

Cited by 7 publications

(12 citation statements)

References 19 publications

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“…Similarly, expecting courts and juries in other countries to be sympathetic to the plight of victims in harassment lawsuits is not always realistic. Such impediments have implications for forensic consultants who are retained to research jury and judge (in the case of bench trials) decision making, and to provide guidance as to how it may be influenced (Finkelman, 2005(Finkelman, , 2007(Finkelman, , 2010.…”

Section: Gay Harassment Abroadmentioning

confidence: 99%

Global consulting in a culturally diverse world: Ethical and legal implications.

Finkelman

Lopez

2012

Consulting Psychology Journal: Practice and Research

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This article presents an overview of the ethical and ethically related legal dilemmas faced by organizational consultants in global environments. It describes the critical factors that make the practice of global consulting complex, ambiguous, and challenging. It offers recommendations as to organizational strategies, guiding principles, and competencies that can help global consultants better navigate the ethical maze their clients face, or that they themselves face as they work with diverse cultures and organizations. We analyze the root cause of failures by global organizational management consultants and consider the difficulty of determining the right approach for all stakeholders within the broader global system.

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Section: Gay Harassment Abroadmentioning

confidence: 99%

Global consulting in a culturally diverse world: Ethical and legal implications.

Finkelman

Lopez

2012

Consulting Psychology Journal: Practice and Research

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“…However, the difficulty of explaining the need for such a potentially compromising practice to a jury probably outweighs its utility in most recruitment situations, especially in our litigious environment. I and others believe that juries try to do the right thing as they see and understand it (Finkelman, 2005, 2007, 2010; Van Detta & Gallipeau, 2000). This creates an added burden for companies who not only have to meet their legal burden in a defense, but also need to avoid the appearance of duplicity to a jury.…”

Section: The Need To Avoid Unnecessary Legal Exposurementioning

confidence: 99%

The need for consistency to avoid the perception of impropriety in recruiting.

Finkelman¹

2010

The Psychologist-Manager Journal

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In response to an article advocating the creative use of dual job descriptions in dealing with conflicting constituencies in recruitment, this article cautions that exposure is created when a job description developed for external recruiting purposes does not accurately represent actual job requirements. If the discrepancy in job descriptions serves to the disadvantage of protected group applicants, legal exposure may result. The author argues that if one of the agendas behind the use of a second job description is to increase the probably of good fit and thus, the likelihood of success of the chosen candidate, the actual result may be dysfunctional. For a variety of strategic, psychometric, ethical, and legal reasons, recruiters should only consider using a consistent, transparent and one-dimensional approach to the development of job descriptions for recruiting and orientation. The importance of a professionally conducted job analysis and validation procedure is emphasized.Stybel (2010) observes that the intended audiences for corporate-generated job descriptions are primarily within the company-with the sole exception of recruiting. It is interesting that it is the external recruiting function that triggers the greatest risk exposure for most companies and receives the greatest scrutiny.It is also telling, as the author reports, that when job descriptions become the basis for screening candidates, there may be a bias toward qualifications and experience that companies might prefer, rather than what they actually need to do the job. This may not be an obvious problem unless the imposition of preferredbut not needed-qualifications results in adverse effect toward a protected group or condition (race, age, gender, sexual preference, or disability) applicant. There is ample case law to support this vulnerability.

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“…We do not have systematic information about attorneys' perceptions of the potential roles of I-O psychologists. We do not have much research on how jurors evaluate and use information presented by I-O psychologists in jury trials (for an exception, see Finkelman, 2005). Nor do we know effective ways of educating the groups of gatekeepers about the contributions we can make.…”

Section: Caveatmentioning

confidence: 99%

Industrial/organizational psychologists as expert witnesses in employment discrimination litigation: Descriptions and prescriptions.

Thornton

Eurich

Johnson

2009

The Psychologist-Manager Journal

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Industrial/Organizational (I-O) psychologists can make positive contributions to the process of employment discrimination litigation, but may not know much about the judicial process, their roles as expert witness, or attorneys' and judges' perceptions of their testimony. We synthesize information from published analyses, interviews with experienced expert witnesses, and comments and written opinions of federal judges related to expert witness work by I-O psychologists. We present 10 specific recommendations to enhance the effectiveness of expert witness testimony in employment discrimination litigation.Industrial/organizational (I-O) psychologists have made substantial contributions to understanding many behavioral, quantitative, and legal issues surrounding employment discrimination litigation (Landy, 2005a), but the process of employment litigation is complex and potentially unfamiliar to many psychologists. Thornton and Wingate (2005) provide an analysis of some roles I-O psychologists have played as expert witnesses, but it is often not clear how they become involved in this litigation or how their contributions are evaluated and used by attorneys and trial judges. Furthermore, there is little evidenced-based advice to I-O psychologists regarding how to successfully approach the role of an expert witness in employment discrimination cases.

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Juror perception of employment litigation.

Cited by 7 publications

References 19 publications

Global consulting in a culturally diverse world: Ethical and legal implications.

Global consulting in a culturally diverse world: Ethical and legal implications.

The need for consistency to avoid the perception of impropriety in recruiting.

Industrial/organizational psychologists as expert witnesses in employment discrimination litigation: Descriptions and prescriptions.

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