BA307_wk4_Case Analysis #4

BA307_wk4_Case Analysis #4 - (BA307 WK4 Written Assignment...

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(BA307) WK4- Written Assignment Case Analysis 4 16 October 2012 Professor Eric Wicks Johnson v. Transportation Agency, Santa Clara County The legal issue in the case of Johnson v. Transportation agency of Santa Clara County is that Johnson, an employee of the transportation agency was passed up for promotion as a result of the company utilizing its affirmative action plan. Johnson’s promotion was given to a less qualified female in the agency as a result of the plan. In this case, the court affirmed that the affirmative action plan utilized by the transportation agency was in fact consistent with the Title VII regulations and that the plan
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“represents a moderate, flexible, case by case approach to effecting a gradual improvement in the representation of minorities and women in the agency’s work force”, which in the courts eyes is deemed acceptable. (Walsh, P244) This reveals that legal conditions of affirmative action plans have room for error and also reveals that as long as the plan is “flexible” and companies are showing effort to have nondiscriminatory employment practices, they are still able to discriminate against employees, even if it is unintentional. This case seems to clearly show intent of passing up Johnson for promotion because he scored higher on the testing and interviewing but still failed to be the recipient of the promotion.
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  • Spring '11
  • Affirmative Action, Affirmative action in the United States, affirmative action plan, Hardage

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