Using statistics in employment discrimination cases

Statistics play an important role in employment discrimination cases, and this role will expand as the legal profession becomes increasingly aware of the utility of the increasingly sophisticated statistical methods available. Historically, plaintiffs in employment discrimination cases have used statistics to establish prima facie cases concerning inequities in areas such as wage rates, personnel selection, promotion, layoff, and termination decisions. Defendants have also employed statistics to demonstrate the fairness of employment practices and policies--for example, by providing statistical evidence of the validity of a test used in personnel selection. This article provides an overview of the role of statistics and the major statistical techniques employed in discrimination cases.