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.
A. Job Segregation
"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)
"Unlucky Stores: Are They All Guilty of Discrimination?” San Francisco Daily Journal (Jan. 29, 1993)
"Indiscriminate Reading of Statistics Can 'Prove' Bias Where None Exists," Manhattan Lawyer (Apr. 24, 1989)
"Are Bias Statistics Nonsense?" Legal Times (Apr. 17, 1989)
Are Bias Statistics Nonsense? (PDF Format)
"Illusions of Job Segregation," The Public Interest (Fall, 1988)
“Direct Regression and Reverse Regression: Contrasting Ways of Looking at the Wrong Information,” 1992 (unpublished)
B. Other Employment Discrimination Issues
"Measuring Hiring Discrimination," The Labor Law Journal (July, 1993)
"Getting it Straight When Statistics Can Lie," Legal Times (June 28, 1993)
"Study Misses Mark [o]n Discrimination in D.C." Washington Business Journal (May 18‑25, 1992)
"Slip-Up on Civil Rights Bill," Legal Times (Dec. 11, 1991):
Slip up in the Civil Rights Bill (PDF Format)
"Race, Color Bias Inseparable," Fulton County Daily Report (June 26, 1990)
"An Issue of Numbers," The National Law Journal (Mar. 5, 1990):
"The Bottom Line Limitation to the Rule of Griggs v. Duke Power Co.," University of Michigan Journal of Law Reform (Spring, 1985):