Knight_Wee2_PSYCH655

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1 Wk 2 - Summative Assessment: Legal and Ethical Aspects of Psychological Testing Crystal Knight University of Phoenix Psych/655 Dr. Nancy Walker 09/25/2023

2 Wk 2 - Summative Assessment: Legal and Ethical Aspects of Psychological Testing To be an African American in the South in 1964 was a challenge. To be one anywhere for that matter was a challenge. One factor that made this so difficult was there was no help to change things. The African-American culture was living in segregation. They had overcome slavery but were still being treated as “less than” the whites. Due to the Joe Crow laws, this segregation was ‘backed’ by judicial enforcement therefore, this diverse group experienced real hardship. This case showed a legal precedent for a lawsuit that developed ‘disparate impact’. The Supreme Court discovered that Duke had imposed a disparate impact on their African American employees. Disparate impact is when a scenario occurs that causes ‘not-ideal’ effects such as a person applying for employment mostly if not all, with people who belong to a certain racial or minority group (Britannica, 2010) Griggs VS. Duke Energy In 1964, the United States implemented the Civil Rights Act of 1964. This was intended to protect a group of people from discrimination. At that time, Duke Energy was known to discriminate and only allow whites to advance within the company. During this time, racial discrimination was being fought by civil rights activists. Duke Energy ‘hid’ this discrimination by stating that anyone in the company could be promoted regardless of race however, at that time because of the Jim Crow laws, the African American population rarely was able to graduate High School. This is because they weren’t ‘allowed’ to attend the same school as the white kids and the school that was meant for them was either in erroneous conditions or was so far away they could not get there. Duke Energy knew

3 this and yet still made it a requirement to have a High School diploma and be able to take a standardized test. An African American male, Willie Griggs, along with a number of other employees grew tired of this so they filed a lawsuit citing discrimination. The first courts actually ruled on the side of Duke Energy, so the individuals took it to the Supreme Court. Duke Energy's attorneys argued that the education and testing requirements were a way for Duke to improve work quality. While Mr. Griggs's attorney argued this was a way for them to hide their discrimination. The Supreme Court ruled in favor of Mr. Griggs and the other individuals. ( Griggs v. Duke Power Co ., n.d.). The legal and ethical considerations that would be problematic in this case would start with non-discrimination. Then looking into integrity, competence, respect for people’s rights and dignity along with responsibility. It is the job of leaders to ensure these simple things are protected. The leader missed this in this case. There should have been an assessor who has the proper skills and knowledge along with respecting autonomy and dignity. (ACA, 2014) The ruling. The court ruled that the passing of a standardized test as a condition of employment or to transfer or promote when neither the standard is to be prevalent to successful job performance, both requirements aim to disqualify African Americans at higher rates than whites and the jobs in question formally had been filled only by white employees as part of a longstanding practice of preferring whites. The district court gave very little attention to the case, stating that Duke Energy needed these requirements for promotional opportunities and did not violate anyone’s civil rights. Mr. Griggs had to then take the case to the Supreme Court in 1970 in which this changed discrimination in the workplace. ( Griggs v. Duke Power Co ., n.d.).

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4 Bias. The bias in the assessment of this case was that not all participants were properly prepared for the test because they had not been provided adequate education. This test was aimed at those with a high school diploma. There is some racial or ethnic bias that may be from differential validity. One of the paths this can be tested is by separate differential validity analysis for subjective ratings such as supervisory performance. This is held against objective ratings which are things such as production rates, frequency of errors, dollar volume, etc. When this was performed it was found that the samples that used subjective ratings were .05 higher in whites than for African Americans. The relationship between cognitive ability and subjective ratings seems to be more for whites over blacks which in turn suggests the bias could be in subjective performance. (Miller. L.A., & Lovler, 2020) In 2018, Cogn and Swerdlik stated, ‘Race norming is a controversial practice of norming on the basis of race or ethnic background’ (p.126 ) Race norming was predominantly done b private businesses and governmental activities that meant creating biased methods to get different cutoff scored to hire cultural groups. Meaning, one diverse group needs a ‘certain score.’ To be hired another will need a different one. Implementing race norming tests in segregated communities, justified the segregation. Needless to say, this was prohibited in 1991 by the Civil Rights Act. ( Civil Rights Act of 1964 – CRA) Ethical Implications The ethical implications for working with diverse populations ethics are guidelines that an individual would use when working towards the common good of two parties. After the Giggs vs. Duke Energy case the ethical implications included to be aware of barriers and things such as

5 the impact of systemic oppression and marginalization. This means understanding the impact of racism, and later on in history it was added sexism, homophobia, and other forms of discrimination on clients' well-being and mental health. (Miller. L.A., & Lovler, 2020) The barriers for this case were complicated as they went over discrimination that stemmed from a racial stereotype and discounted a race’s intellect. To change race norming the ethical principles of psychologists and the code of conduct, section 9: assessment, gives rules for 9.05 assessments in test construction, and standards are followed and kept at a high standard. Mr. Griggs lawsuit against Duke Power started a revolution, if you will, to develop and protect the rights of all minorities with no exceptions. When Griggs pursued a lawsuit against Duke Energy, this drew attention to other cases like this. Cases that addressed biased education, discriminatory treatment in the workplace, and the serious impact of equality-like policies. Conclusion In conclusion by Mr. Griggs standing up to the large company amid segregation and a new civil rights law, he was able to change the way the company handled diversity. Now, those who are African American can climb the ladder just as anyone else. People should be promoted based on their skill set and not discriminated against because of limitations in education that they are not responsible for. While Mr. Griggs was hard-working, ethical and had deep-rooted values, his strength took him to a world of legal jargon and into the true meaning of discrimination. This was no easy fleet. Mr. Griggs had to file appeals and wait for decisions against this business, but he prevailed in the end and inspired so many other individuals who were experiencing this.

6 References  Miller. L.A., & Lovler, R.L. (2020) Foundations of Psychological Testing (6 th ed.) Sage publications  American Counseling Association. (2014). ACA Code Of Ethics . https://www.counseling.org/resources/aca-code-of-ethics.pdf  Civil Rights Act of 1964 – CRA – Title VII – Equal Employment Opportunities – 42 US Code Chapter 21. (n.d.). Retrieved from https://finduslaw.com/civil-rights-act-1964-cra- title-vii-equal-employment-opportunities-42-us-code-chapter-21  Griggs v. Duke Power Co . (n.d.). Retrieved from https://www.casebriefs.com/blog/law/constitutional-law/constitutional- law-keyed-to-brest/race-and-the-equal-protection-clause/griggs-v-duke- power-co/

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