Unformatted text preview: rable to the verdict. Id. Judgment as a matter of law is only
appropriate when there is no reasonable inference to be made from the evidence which
can sustain the verdict. Id.
A pattern or practice of intentional sex discrimination must be shown by
proving "regular and purposeful" discrimination by a preponderance of the evidence,
Int'l Brotherhood of Teamsters v. U.S., 431 U.S. 324, 339, 360 (1977). EEOC must
show that more than an isolated act of discrimination occurred and that
"discrimination was the company's standard operating procedure," id., but statistics
combined with anecdotal examples of discrimination may establish a pattern or
practice of regular, purposeful discrimination. Morgan v. United Parcel Service of
America, Inc., 380 F.3d 459, 463-64 (8th Cir. 2004). Moreover, discriminatory intent
can be inferred from the mere fact of differences in treatment, Teamsters, 431 U.S.
at 335 n.15.
-7Statistical disparities are significant if the difference between the expected
number and the observed number is greater than two or three standard deviations.
Hazelwood Sch. Dist. v. U.S., 433 U.S. 299, 308 n.14 (1977). Here, the disparity
between hiring of men and women showed nearly ten standard deviations. The
percentage of women who passed the WTS declined with each implementation of the
test. Despite knowing about the statistical difference, Dial continued to use the WTS.
Dial argues that EEOC's statistics are inapplicable because men and women are not
similarly situated and have profound physiological differences. There was evidence,
however, that women and men worked the same job together for many years before
the WTS was instituted. There was also evidence of women and men receiving similar 264 comments on their test forms, but only the males receiving offers of employment.
Dial attacks the jury's finding that intentional discrimination began in April
2001, a month when the WTS was not in use and no particular identifiable
discriminatory action was all...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08