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 Defenses
1. (TCO B) DePeters, Co. is sued for sex discrimination on the grounds that too few women
are hired because fewer women than men achieve passing scores on a required manual
dexterity and physical strength test. DePeters, Co. offers in its defense that even though
fewer women score high enough on the test, a greater percentage of the passing women are
hired. The company maintains that, as a result, the percentage of women in the workforce
mirrors the percentage of available women in the labor pool. A group of women who took
the test and failed file suit. Explain the basis for the cause of action, and analyze the merits
of the cause of action, employer defenses, and likely outcome. Support your response with
applicable law.
Student
Answer:
This group would be filing under a case of: "Disparate impact" which is a
methodology for establishing that an employer has engaged in discrimination
against 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 to
discriminate. The disparate impact methodology has long been recognized as a
means of proving these forms of discrimination under Title VII of the Civil Rights
Act of 1964, 42 U.S.C. Section 2000e et seq. ("Title VII") (Gibbonslaw.com). The
group's cause of action is: 1) they feel the female sex was discriminated against
and 2) they were not hired as it states, "...a group of women who took the test and
failed filed suit." As an employer defense there are several case points to make:
1. (TCO B) DePeters, Co. is sued for sex discrimination on the grounds that too few women
are hired because fewer women than men achieve passing scores on a required manual
dexterity and physical strength test. DePeters, Co. offers in its defense that even though
fewer women score high enough on the test, a greater percentage of the passing women are
hired. The company maintains that, as a result, the percentage of women in the workforce
mirrors the percentage of available women in the labor pool. A group of women who took
the test and failed file suit. Explain the basis for the cause of action, and analyze the merits
of the cause of action, employer defenses, and likely outcome. Support your response with
applicable law.
Student
Answer:
This group would be filing under a case of: "Disparate impact" which is a
methodology for establishing that an employer has engaged in discrimination
against 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 to
discriminate. The disparate impact methodology has long been recognized as a
means of proving these forms of discrimination under Title VII of the Civil Rights
Act of 1964, 42 U.S.C. Section 2000e et seq. ("Title VII") (Gibbonslaw.com). The
group's cause of action is: 1) they feel the female sex was discriminated against
and 2) they were not hired as it states, "...a group of women who took the test and
failed filed suit." As an employer defense there are several case points to make:
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Subject
Civil Law