Some Conclusions and Emerging Issues in Adverse Impact Measurement

We hope that the preceding 17 chapters of this volume have conveyed the importance, complexity and nuance of adverse impact measurement. As we noted in Chapter 1, disparities in employment outcomes have been a major concern in the U.S. workplace for decades. The notion of adverse impact was born from case law and soon after codified in the Uniform Guidelines on Employee Selection Procedures (1978). When outcomes differ across groups, those differences can potentially give rise to allegations of unfair and discriminatory employment practices. Understanding the nuances of adverse impact analysis is essential for effective monitoring of litigation risk, compliance with federal regulations and affirmative action planning.