ipl-logo

Ricci V. Destefano Case Study

1548 Words7 Pages

The City of New Haven, Connecticut, in 2003, had vacant positions within their Fire Department. The City desired to fill these positions and pursued a means to identify internal candidates for promotional opportunities. Charles E. Mitchell (2013) writes, “The City hired Industrial /Organization Solutions, Inc. (IOS) to develop and administer its examination at a cost of $100,000.000. IOS took painstaking efforts to design and develop a test that was fair, job related, and consistent with business necessity” (p. 45). The examination outcome indicated that the white candidates had done far better than the minority candidates. Later, this is a case brought before the U.S. Supreme Count know as Ricci v. DeStefano. Using the article written by …show more content…

The federal district court dismissed Ricci’s Title VII and equal protection claims. The Second Circuit upheld the court’s ruling and denied a re-hearing. Finally, the U.S. Supreme Court granted a certiorari. The U.S. Supreme Court brought the question before them according to Charles Mitchell (as cited in Ricci v. DeStefano, 2009) by framing it as “whether the purpose to avoid disparate-impact liability excuses what otherwise would be prohibited disparate-treatment discrimination”. Charles Mitchell (2013) went on to say, “by not promoting the more successful White employees, was this an act of illegal disparate treatment under Title VII (p. 43)? The U.S. Supreme Court ruled that it was illegal disparate treatment. Assisting the U.S. Supreme Court in their ruling is the established Uniform Guidelines on Employment Selection Procedures (UGESP). The guidelines state, when an employer determines that adverse impact was evident in its testing process, they shall (1) valid the procedures (test), (2) confirm the linkage to its job, (3) consider alternative testing procedures (Mitchell, p. 45). The City choose to not consider any of the

Show More
Related

Ricci V. Destefano Case Study

93 Words | 1 Pages

In the Ricci v. DeStefano case, Ricci a white male filed a disparate impact lawsuit under the Title VII. Ricci past the test that was given to be promoted within the fire department. Ricci was one of many (white) candidates to passed the test. The testing service hired to administer the test discarded all test because many minorities did not pass. Dothard case would fall under the disparate impact provision because unless the weight testing requirements are revised to be fair to all regardless of gender, more men will continue to outperform women.

Read More

Case Study: Adarand V. Pena

105 Words | 1 Pages

In Adarand v. Pena, Adarand challenged a federal program that provided incentives to employers that employ individuals that are “economically and socially disadvantaged” (Alexander 149). Adarand, a subcontractor provided the lowest bid for a job, however due to the federal government’s financial incentives the contract was awarded to Gonzales, who was certified as a disadvantaged business. The Court in Adarand held that strict scrutiny should be applied to affirmative action or remedial programs that was based on race because similar arguments in previous case laws recur, such as “skepticism of race-based classifications” and “position on the question of benefits vs. burdens or race neutrality”(Alexander 150).

Read More

Quality Movers Case Study

1850 Words | 8 Pages

“The employer’s workforce did not reflect the racial, ethnic, or gender percentage of the population the area does not prove disparate impact” (Disparate Impact, 2016). To prove a claim of disparate impact, “the employee must show that an employment practice does not select members of a protected class in a proportion smaller than their percentage in the pool of actual applicants” (Disparate Impact,

Read More

The Rooney Rule: Underrepresentation Of Minority Groups In The NFL

1402 Words | 6 Pages

Research has shown that organizations fail black workers in three ways, one of which is through their hiring process, which heavily relies on social networks and personal connections (Wingfield, 2019). This strategy restricts black candidates' access to many organizations since the bulk of the individuals who currently work there are white and white people tend to have networks that are mostly made up of other white people. Therefore, the Rooney Rule should be revised to require organizations must conduct at least one interview with a minority candidate for any position, not just head coaching or senior football operations jobs. It would increase black applicants' visibility

Read More

Mountain Gravel Case Summary

907 Words | 4 Pages

Law currently allows “intermediate scrutiny” for gender discrimination and “strict scrutiny” for discrimination based on race. This idea allows government to create affirmative action programs for women more easily than for minorities even though the Equal Protection Clause original purpose was to protect slaves from discrimination. A Court fixated on abstract principles is in danger of ignoring common sense. The Court’s idea of “congruence” means a Congressional affirmative action program and state affirmative action program are the same. Important differences are completely disregarded.

Read More

Close Racial Gap Analysis

264 Words | 2 Pages

In the article, John Hunt College Degree Can’t Close Racial Gap by Michael Luo it shows ever since the founding and development of this young nation minorities are more often challenged more vigorously in terms of possible candidacy for employment. Every year a large percentage of college graduates join the workforce and as result the unemployment rates among minorities with degrees increase drastically. Many believe that these graduates are not aggressive in finding a job, however many fail to realize that it is not about individuals, or individual effort, there is evidence that in the job application process, racism is alive and well in today 's labor market. Various minorities go to top colleges, yet a black-name resume is less likely to

Read More

Bernice Sandler Discrimination

154 Words | 1 Pages

When the Civil Rights Act was written in 1964, its impact was widespread to say the least. Although it covered protection from discrimination based on religion and race, it did not cover the prevention of discrimination within federally funded programs. This is where Bernice Sandler steps in. Sandler, a well-qualified candidate for this position, was seeking employment as a faculty member at the University of Maryland. She was denied the position because she came across as “too strong for a woman” (Sandler). Sandler complained to the Department of Labor’s Office for Federal Fair Contracts Compliance and offered university statistics that female employment at the university had decreased because males had replaced more qualified female

Read More

The Pros And Cons Of Title IX

595 Words | 3 Pages

Title IX of the Education Amendments of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” What is Title IX On June 23, 1972, Richard M. Nixon (the President at the time) signed Title IX of the Education Amendment, into decree. Title IX is a wide-ranging federal law that forbids discrimination based on sex in all federally sponsored education programs or activity’s. Title IX is a law that was put into effect in 1972, that entails gender equity for girls and boys in the United States educational programs that receives federal funding.

Read More

African Americans Pay Gap Essay

991 Words | 4 Pages

Companies should actively work towards eliminating biases in their recruitment processes and implementing practices that promote diversity and inclusion. This can include blind hiring techniques, where personal information such as race, gender, or age is removed from resumes during initial screening stages. Additionally, organizations can implement diversity quotas or targets to ensure a more balanced representation of underrepresented groups, including African Americans, in their workforce. Furthermore, fostering an inclusive work environment where diverse perspectives are valued and celebrated can also contribute to attracting and retaining African American talent.

Read More

Why Did The WTS Discriminate Against Women

258 Words | 2 Pages

1. What best describes the type of testing as explained on pages 128-129. The type of testing used in this case, according to the Dial firm was the Criterion Validity. The firm created a test called Work Tolerance Screen (WTS) in 2000 and the purpose was to test potential new employees and current employees performing the job.

Read More

Title Vii Of The Civil Rights Act Of 1964 Essay

1594 Words | 7 Pages

Title VII of the Civil Rights Act of 1964 is an anti-discriminatory federal law that prohibits employers to discriminate against their employees on the basis of race, color, sex, national origin, and religion. Title VII was later amended several times throughout the years to encompass other statutes such as the Age Discrimination in Employment Act and the Pregnancy Discrimination Act, which provides protection from employment discrimination on the basis of age and pregnancy status. (For the purpose of this paper, I will focus on Title VII of the Civil Rights Act of 1964 to restrain from being too broad). Unlike the Equal Pay Act of 1963, which only prohibits wage discrimination on the basis of sex, Title VII of the Civil Rights Act of 1964 provides a

Read More

Integration In Thomas Nagel's The Imperative Of Integration

1123 Words | 5 Pages

As an example, we could take the racially grounded belief in the inferior intellect of African-Americans to justify not hiring them for more professionally demanding positions. Anderson finds that segregation is the cornerstone of inequality between different groups. Simply put, it is a mechanism through which one group bars another from accessing both the first group’s monopoly of a good and how it is distributed—take the example of the type of roles that African-Americans were historically able fill in the armed forces, where they were often relegated to non-frontline roles. They were therefore unable to choose where they served, and could not accrue both the rewards and social status that went with frontline duty.

Read More

Diversity In Hiring Case Study

1027 Words | 5 Pages

This paper examines Bateman and Snell’s research against the case study video entitled “Diversity in Hiring: Candidate Conundrum” to propose that additional examination be conducted to decide whether Robert Gedaliah or Paul Munez was correct in their decision making pertaining to whom to hire for the Outreach Customer Representative position. Discussion Summary This week’s video discussed diversity in hiring. Robert Gedaliah is the Founder and President of Beck ‘n Call.

Read More

The Strengths Of Affirmative Action

215 Words | 1 Pages

Affirmative action has been the standard of achieving equality in the United States but there has been an ongoing debate between those who support or oppose this principle and its effectiveness. The supporting side claims that affirmative action is still beneficial to equality. But a weakness for this view is that it doesn’t account for the unfair advantages that affirmative action can bring to its target groups. The opposing side believes that as stated by the book, “affirmative action denies the principle of equality under law” (Cochran et al. 349). This is a strength because, individuals should be accountable for their actions regardless of their racial or gender background to the fullest extent of the law.

Read More

Strengths Of Affirmative Action

286 Words | 2 Pages

Affirmative action is where organizations look not only at the educational or performance level, but also the person race, gender, and other physical qualities to determine if there are to be accepted in (Chapter Overview). This has led to support and opposition to the idea about affirmative action. Opponents see this as a strength that affirmative action will not help with making places more equal because organizations can decide if they want a person by their race or ethnicity instead of what their ability is to perform. A weakness would be that there will be still unequal representation of minorities without some sort of action. They believe that “that instead of ending discrimination, affirmative action actually does the opposite” (Support

Read More

More about Ricci V. Destefano Case Study

Open Document