[IPAC-List] Ricci v. DeStefano - New Haven Firefighter Promotional Exam

Lance Seberhagen sebe at erols.com
Mon Apr 6 15:24:52 EDT 2009

Last week I submitted a note to the IPAC-List about amicus briefs
submitted to the Supreme Court in "Ricci v. DeStefano." The amicus
briefs were sponsored by various organizations, including IPMA, SHRM,
and EEOC/DOJ. However, there was a brief entitled, "Brief of
Industrial-Organizational Psychologists as Amici Curiae in Support of
Respondents" that I mistakenly labeled as the "SIOP amicus brief." It
looked like SIOP's brief, but I failed to read the fine print. A
colleague was good enough to point this out to me. My apologies!

What I thought was the "SIOP amicus brief" was, in fact, the amicus
brief of just five individual I/O psychologists and their legal
counsel. The I/O psychologists described themselves as "elected fellows
of the Society of Industrial and Organizational Psychology ("SIOP") the
division of the American Psychological Association that is responsible
for the establishment of scientific findings and generally accepted
professional practices in the field of personnel selection." They

1. Herman Aguinis, University of Colorado, Denver.
2. Wayne Cascio, University of Colorado, Denver.
3. Irwin Goldstein, University of Maryland, College Park.
4. James Outtz, Outtz and Associates, Washington, DC.
5. Sheldon Zedeck, University of California, Berkeley.

David Frederick (former Assistant to the Solicitor General, DOJ) and
three other attorneys from the law firm of Kellogg, Huber, Hansen, Todd,
Evans & Figel, PLLC, Washington, DC, served as legal counsel. Footnote
#1 of the brief stated that "Pursuant to Supreme Court Rule 37.6,
counsel for amici represents that it authored this brief in its entirety
and that none of the parties or their counsel, nor any other person or
entity other than the amici or their counsel, made a monetary
contribution intended to fund the preparation or submission of this
brief. Counsel for amici also represents that all parties have
consented to the filing of this brief in the form of blanket consent
letters filed with the Clerk."

Thus, the "Brief of Industrial-Organizational Psychologists" is not the
SIOP brief. As far as I know, neither SIOP nor APA has filed amicus
brief in the Ricci case.

I/O Psychologists amicus brief

Lance Seberhagen, Ph.D.
Seberhagen & Associates
9021 Trailridge Ct
Vienna, VA 22182
Tel 703-790-0796

March 28, 2009
Lance Seberhagen wrote:

> Here are the briefs submitted to the U.S. Supreme Court in Ricci v.

> DeStefano. Interesting reading!


> IPMA amicus brief

> http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/08-328_RespondentAmCu4GovtEntities.pdf



> SIOP amicus brief

> http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/08-328_RespondentAmCuIndus-OrgPsychologists.pdf



> SHRM amicus brief

> http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/08-328_RespondentAmCuSHRM.pdf



> United States (EEOC, DOL, DOJ) - amicus brief

> http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/08-328_VacaturandRemandAmCuUSA.pdf



> All other briefs

> http://www.abanet.org/publiced/preview/briefs/april09.shtml#071428



> Lance Seberhagen, Ph.D.

> Seberhagen & Associates

> 9021 Trailridge Ct

> Vienna, VA 22182

> Tel 703-790-0796

> www.seberhagen.com


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