The amount of error is examined in using the four-fifths rule or the standard deviation to decide court cases which deal with discrimination. Since one, two or three standard deviations may be used as a criterion, it becomes apparent that it is possible for players in a court case to "game" the scenarios and use statistics to support their case. It is suggested that courts adopt a statistical standard in addition to the four-fifths rule in order to minimize the game playing.
discrimination, legislation, law, hiring, personnel, impact
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Sobol, Marion Gross and Ellard, Paul, "Comparison of the EEOCC Four-fifths Rule and a One, Two or Three Binomial Criterion" (1980). Working Papers. 8.