In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII litigation. Since statistics can be used both to support and to rebut allegations of discrimination, it is important that any data offered be statistically and logically valid.
Jacob Van Bowen Jr. & C. A. Riggins,
A Technical Look at the Eighty Per Cent Rule As Applied To Employee Selection Procedures,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol12/iss4/4