Encouraging Debate on the Uniform Guidelines and the Disparate Impact Theory of Discrimination

Abstract

This response summarizes commentaries on the M. A. McDaniel, S. Kepes, and G. C. Banks (2011) article, which argued that the Uniform Guidelines on Employee Selection Procedures are a detriment to the field of personnel selection. Several themes were present in the commentaries. No compelling arguments were presented to dispute the assertion that mean racial differences in job-related attributes will be with us for a long time. However, compelling arguments were made that the disparate impact theory of discrimination is a more central issue for personnel selection than the Uniform Guidelines. Similarly, arguments were presented that the assessment of adverse impact is problematic and that expert witness testimony needs improvement. Areas in need of further investigation were also identified. Finally, the role of the Society of Industrial and Organizational Psychology (SIOP) in guiding regulatory, legislative, and court actions was considered.