A clarification of the use of multiple regression analysis in meeting the burden of proof in compensation discrimination litigation

[摘要] ENGLISH ABSTRACT: The new set of employment equity laws call for South African organisations to justify theircompensations systems. During compensation discrimination litigation, evidence is required tosupport arguments put before the court in order to meet the burden of proof. The similarity betweenforeign and domestic legal systems, suggests that the operational implications of foreign legislationwill also be relevant to South Africa. This raises the debate as to the nature of fairness in thecompensation context, the debate of comparable worth and the use of multiple regression analysis.The organisation must present to the court evidence to show that the choice of compensableconstructs, their measurement and application does not discrimination directly or indirectly based ongroup membership. Multiple regression analysis, a statistical method to model the compensationsystem, is fraught with difficulties and misunderstanding. It is nevertheless the most appropriatemethod to investigate compensation fairness. Comparable worth and multiple regression analysisrequire assessment in the South African context. The issues, which hindered the successful use ofmultiple regression analysis abroad, are reviewed in order to smooth its entry into South Africanlitigation. A framework is presented based on literature and case law whereby all parties concernedcan produce and evaluate such evidence

[发布机构] Stellenbosch University