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Analysis of Employment Discrimination Cases: Title VII and Legal Defenses

Legal analysis of workplace discrimination and defense strategies

David Miller
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Analysis of Employment Discrimination Cases: Title VII and Legal Defenses1.(TCO B)DePeters, Co. is sued for sex discrimination on the grounds that too few womenare hired because fewer women than men achieve passing scores on a required manualdexterity and physical strength test.DePeters, Co. offers in its defense that even thoughfewer women score high enough on the test, a greater percentage of the passing women arehired.The company maintains that, as a result, the percentage of women in the workforcemirrors the percentage of available women in the labor pool. A group of women who tookthe test and failed file suit. Explain the basis for the cause of action, and analyze the meritsof the cause of action, employer defenses, and likely outcome.Support your response withapplicable law.StudentAnswer:This group would be filing under a case of: "Disparate impact" which is amethodology for establishing that an employer has engaged in discriminationagainst a specific group of employees or job applicants of the same race, ethnicity,religion or sex that does not require evidence that the employer intended todiscriminate. The disparate impact methodology has long been recognized as ameans of proving these forms of discrimination under Title VII of the Civil RightsAct of 1964, 42 U.S.C. Section 2000e etseq. ("Title VII") (Gibbonslaw.com). Thegroup's cause of action is: 1) they feel the female sex was discriminated againstand 2) they were not hired as it states, "...a group of women who took the test andfailed filed suit." As an employer defense there are several case points to make:

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