Analysis of Employment Discrimination Cases: Title VII and Legal Defenses

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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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1)"...a greater percentage of the passing women are hired." This means morewomen per applications are hired than men who pass-defense would be nodiscimination here 2)there is a test in place for all applicants which is a requiredmanual dexterity and physical strength test-if someone cannot pass this test howwill they actually perform the job. The job is not promoted as come to work andlet someone else work for you. The most likely outcome for this case would be: 1)The company will allow it to head tocourt 2) The judge will favor DePeters Co.because they treat ALL applicants the same testing the same for male and femaleand will find no discimination present because a greater percentage of women whopass the test over that of the male applicants. 3) No just cause for Disparate Impact(http://www.gibbonslaw.com/news_publications/articles.php?action=display_publication&publication_id=1729)InstructorExplanation:(Chapter 6) The women would file suit alleging a violation of Title VII of the CivilRights Act of 1964, alleging that the test has a disparate impact upon women. Eventhough a greater percentage of the passing women are hired, the employer's processof arriving at the bottom-line figures should be scrutinized for disparate impact.This situation is similar to the case ofConnecticut v. Teal, 457 U.S. 440(1982),where the Supreme Court held that the "bottom-line" result does not precludeemployees from establishing a prima facie case, nor does it provide the employerwith a defense. Although the percentage of the women in the workforce mirrors thepercentage of available women in the labor pool, the test still results in fewer

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