Hr593 Midterm Essay

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Question : | (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, 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)"...a greater percentage of the passing women are hired." This means more women per applications are hired than men who pass-defense would be no discimination here 2)there is a test in place for all applicants which is a required manual dexterity and physical strength test-if someone cannot pass this test how will they

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