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Please read the case below and answer in the following format: 1) Relevant Law 2

ID: 348667 • Letter: P

Question

Please read the case below and answer in the following format: 1) Relevant Law 2) Conclusion - the outcome, and why.

The book for this course is Business Law with UCC application - 14th edition

The case is the following one:

The Commonwealth of Virginia required all applicants for state troopers to be between 21 and 29 years of age, at least 5 feet, 9 inches tall, and at least 156 pounds. The height and weight requirements eliminated 98 percent of the female applicants. The basic employment requirements also made it mandatory that all applicants, including applicants for civilian dispatcher positions, complete and pass written mental ability tests. The tests for dispatcher positions were not valid predictors of job performance. The tests for the trooper positions also were shown not to be predictors of job performance. The United States brought suit, charging that Virginia engaged in a pattern and practice of discrimination against African American applicants for the civilian positions and against both African American and women candidates for the trooper positions. Did the United States prevail? Explain. United States v. Commonwealth of Virginia, 620 F.2d 1018 (4th Cir).

Explanation / Answer

1.

United States v. Commonwealth of Virginia, 620 F.2d 1018 (4th Cir) entails the relevance of Title VII of the Civil Rights Act of 1964 and anti-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1978 which was instigated in a suit by the United States against the Commonwealth of Virginia and the Superintendent of the Virginia State Police.

United States entailed that the Commonwealth was engaged in a mal-practice as it observed unfairness and prejudice against black aspirants for civilian job titles with the state police and were also against both black and women contenders for trooper positions.

The district court observed that the height and weight necessities indeed had an unpleasant and unfavorable brunt on female contenders. The substantial proof put forth by the Commonwealth in fact actually failed to exhibit the necessities as substantial and material requirements by failing to provide a valid reason and explanation the court thus appropriately and correctly accomplished that the height and weight principles were inappropriate and unacceptable.

2.

District court reflected on the accusation of prejudice and unfairness made by the Common wealth were it indeed becomes very vital and significant for the district court to give a well thought-out to the alleged breach and contravention that took place on or after July 1, 1973 the effectual engagement of the anti-discrimination requirements of the Crime Control Act.

Title VII came into relevance for the state and local governments on March 24, 1972 thus it was very crucial and important for the district court to take consideration the possible violations that must had taken place during that sixteen month period.

It’s also very significant and important for United States to build up and expand the statistical data pool contending the asserted discrimination against black aspirants for civilian positions.

However any remedial measures will indeed depend upon the findings and conclusion of the court on the numerous accusation and allegation of discrimination.

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