What Is Banding? When Is It Lawful and Unlawful

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The Answer is Bands are ranges within which test scores are treated as being statistically equal In a race-neutral approach, selections are made randomly from within bands, rather than using a strict rank-ordered process For example, if the band was from 90-100, an applicant with a score of 95 and another with a score of 99 would be considered statistically equal While this form of banding has thus far been universally upheld, race-conscious banding has had limited success in court Specifically, the second form of the practice involves the use of group membership as a decision criterion within bands Although the sole use of group membership has largely been rejected, the use of this criterion in conjunction with other relevant factors has received some legal supportIn 1991, Cascio et al proposed that adverse impact could be reduced with the utilization of sliding bands and minority preference Sliding bands occur when the band slides down after the top scorer in that band is selected In Bridgeport Guardians v City of Bridgeport 1991, the 2ndCircuit court upheld a banding procedure in which nine secondary criteria could be used to break ties One of the criteria was minority status In the 9 Circuit, a proposal was rejected in which rank ordering would be used for the first 100 promotions and minority preference would be used for the additional 15 promotions Courts look down on sliding band procedures that utilize minority preference as the only basis for score adjustment Also, any use of minority preference must survive charges of reverse discrimination To summarize, there are some instances where restricted forms of race conscious banding have been supported by the courts, particularly those featuring consent decrees

What Is Banding? When Is It Lawful and Unlawful

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What Is Banding? When Is It Lawful and Unlawful

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