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  • Adverse Impact: Exploring a Functional Understanding
    by Dan Biddle, Jeff Davies - December 5, 2019
    Overview One may be hard-pressed to find a topic in the world of Equal Employment Opportunity and Affirmative Action that is more disliked than adverse impact. Not only does an adverse impact analysis (a.k.a. impact ratio analysis and/or disparity analysis) involve complicated statistical calculations to arrive at its results, but these results are often used in investigations as the foundation for charges of discriminatio...
  • Examining the Fisher’s Exact Test and Its Place in EEO Litigation
    by Dan Biddle, Diana Sicari - July 20, 2018
    Introduction Even before the 1978 publication of the Uniform Guidelines on Employee Selection Procedures, adverse impact analyses (alternatively known as disparate impact analyses) have been conducted by employers to evaluate passing rate differences between subgroups on various practices, procedures, and tests. Methods for conducting such analyses have typically included impact ratio tests that comparatively evaluate...