ABSTRACT
Many organizations find themselves assessing disparities in the outcomes of human resources (HR) processes for the first time in the face of real or threatened litigation. However, the same techniques used in a litigation context to evaluate HR processes (e.g., performance management, compensation, promotion, succession planning and downsizing/restructuring decisions) can and should be used proactively to monitor and improve the fairness of those processes. By assessing disparities in advance of litigation, organizations can take prompt remedial action to address unjustified differences in outcomes and promote fairness. Where a proactive analysis identifies disparities, an organization has the opportunity to reevaluate its employment decisions, reexamine the rigor and structure underlying its HR processes and/or collect the necessary validity evidence or other documentation to defend its employment decisions.
