HRER 501 Three .docx - 1 HRER 501 ASSIGNMENT THREE HRER 501...

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1 HRER 501: ASSIGNMENT THREE HRER 501: Assignment Three Nicole Mercadante Pennsylvania State University
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2 HRER 501: ASSIGNMENT THREE QUESTION SET ONE Issues: -Barry Bonds asks an unrelated sports trivia question at the end of all of his interviews. He has established a “neutral” practice that eliminates a substantial number of women from being hired. -Barry believes that if the candidate can talk sports than they can talk to clients. This rule can’t be adequately justified unless Barry shows evidence that sports talk and client relations actually benefits the business. -Barry is interviewing candidates for a position at GOBN at an off-site location for a mid-level associate. Multiple women have applied and none have been hired and the position is still open. -In this case, the women are presented as a protected class. An adverse impact has been established because the sports trivia question acts as a limitation of employment against the protected class. -Therefore, Barry has no clear intent of discrimination but has created a discriminatory effect because he has inadvertently limited the employment opportunity available to women at the GOBN firm due to a neutral rule that sports trivia knowledge will enhance client communications. Rules: -In the court case, Griggs v. Duke Power (1971), a criteria requirement was established that all transfers from the labor department to other positions within Duke Power required a high school diploma or a passing score on two standardized aptitude tests. The court had to determine whether this standard was discriminatory or related to the performance ability within the
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3 HRER 501: ASSIGNMENT THREE company. Using the adverse impact claims formula, we will critically analyze the facts and determine if this standard was a business necessity. 1. Plaintiff must establish a prima facie case of adverse impact by showing that: a) A neutral employment requirement has the effect of limiting the employment opportunities of a protected class: In the case of Griggs v. Duke Power the neutral requirement is that all transfers from the labor department to other departments within the company require either a high school diploma or passing score on two aptitude tests. The passing score is set at a median rate for high school graduates. Duke hired African Americans for low-paying, strenuous positions within the labor department and African Americans are part of the protected class for race. Therefore, Griggs can establish that the protected class, African Americans, was substantially limited for any job opportunity due to the transfer requirements that Duke Power put in place. b) The difference in outcomes across protected class groups is large enough that it is unlikely to exist by chance: At the time, whites were three times more likely than blacks to have a high school diploma. Also, the passing score for the tests is set at a standard that only high school graduates could obtain. Only one African American working for Duke Power at the time had a high school diploma. Therefore, any chance of movement within the company would
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  • Spring '14
  • WHITEHEAD,PAULVI

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