Excersie chapter 3 - Chapter 3 Template Name Exercise 3.1...

Chapter 3 Template
Name ___________________________
Exercise 3.1 - Zimpfer v. Palm Beach County
FORM 3.1.1
1. Does the evidence indicate that Mr. Zimpfer was a victim of age discrimination
according to ADEA? Why or why not?
Yes, according to evidence it is indicated that Mr. Zimpfer was a victim of age
discrimination because he “equaled or exceeded” the qualification that were required.
And in the job vacancy there is no specification of a certain age requirement.
2. What (if any) further evidence should be ascertained before the county fully
understands the legal implications of its actions?
His work output, and statement of work ethics and efficiency from previous co-workers,
and managers.
3. What action do you recommend that the county take in this matter?
Confirm the reasons that the HR department made the decision were valid and ethical.
4. What policies should the county adopt to reduce the possibility of age discrimination
suits in the future?
Better testing procedures, and state proper and specific requirements in their job
vacancy.
5. In the same year that Zimpfer was rejected, Palm Beach County filled only 4 percent
of managerial positions with persons over 55 years of age and only 16 percent with
persons over 39. Do these data indicate illegal discrimination using disparate impact
theory? Should Zimpfer's lawyer use disparate impact theory for his claim of age
discrimination?
No, I don’t think these date indicate illegal discrimination using disparate impact theory
and the lawyer should not use this theory as a claim of age discrimination.
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Chapter 3 Template
Exercise 3.2 - Goebel et al. v. Frank Clothiers
FORM 3.2.1
1. Were Mr. Goebel and other African-American applicants victims of racial
discrimination because of the hiring policies of the defendant? Explain your position
and cite all relevant case law. If you cannot take a definitive position, explain what
specific information you require to be able to take a position.
No, Mr. Goebel was not a victim because the number of African Americans that passed
was almost the same as the number of African Americans that failed. My position is
based on the 4/5 rule and all the races were given the same test.
2. Is there evidence of disparate impact against African Americans in the decisions that
were made? On what basis did you arrive at this position?
No there isn’t because the number of African Americans that failed were almost the
same amount that passed.
3. If disparate impact is evident, what steps should the defendant take next? Provide
specific recommendations.
There is no disparate impact that is evident.
4. An associate of the Personnel Department proposes that Frank should continue to
use the examination but that the test scores should be interpreted by the ethnic
classification of the test taker. For example, raw scores on the exam would be
converted to percentages within ethnic classification. With such a procedure, African
Americans taking the test who receive the exact raw score as whites would receive a
higher percentage score on the exam because of the within-ethnic interpretation. He