Case Review of the Legal Status of Banding

Federal and state court cases were reviewed to determine the legality of banding. Banding specifies a range of test scores that are considered equivalent for selection purposes, which allows the use of other job-related or diversity factors to select among candidates within a particular band. Althou...

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Bibliographic Details
Published in:Human performance 2004-10, Vol.17 (4), p.415-432
Main Author: Henle, Christine A.
Format: Article
Language:English
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Summary:Federal and state court cases were reviewed to determine the legality of banding. Banding specifies a range of test scores that are considered equivalent for selection purposes, which allows the use of other job-related or diversity factors to select among candidates within a particular band. Although the Supreme Court has not ruled on the legality of banding, state, district, and appellate courts have upheld different types of banding (e.g., fixed, sliding, random) under the 14th Amendment, Title VII of the Civil Rights Act of 1964, and the Civil Rights Act of 1991. However, the case review indicated that banding is less likely to survive legal scrutiny when minority preference is the only factor used to choose among candidates within a band. Implications for organizations using or considering banding are discussed.
ISSN:0895-9285
1532-7043
DOI:10.1207/s15327043hup1704_4