Case 1 James Brown, a black cleaner, applied in person for a cleaning job at a h

Question

Case 1

James Brown, a black cleaner, applied in person for a cleaning job at a hospital on June 30th 2016. The job had been advertised in a local newspaper. In his application, James listed his 10 years experience as a cleaner in hospital settings. James was never contacted or interviewed by the company about the status of his application. In August, 2016, James saw an advertisement by the same hospital for cleaners in a local newspaper. When James enquired about it, he learned that the hospital had hired 5 white cleaners since June 30th, all of whom had less than 10 years experience. James filed a discrimination complaint in local courts.

Case 2

Elnora Williams, a black female teacher with ten years of classroom experience and partial completion of her doctoral degree in education, applied for several vacant middle and secondary principalships in the Knox County School system. Each time she applied, she was told by the superintendent that “the school district believed that a “male image” is necessary for a middle or secondary principal”. No females had occupied a principal position in the school district. Williams subsequently filed a lawsuit in district court accusing the school system of discrimination.

For the two cases above, respond to the following three questions:

1.     What legal statutes apply to this case
2.     What issues must the court decide in this case?
3.     If you were a judge, how would you rule? Did the employer discriminate unlawfully? Why or why not?

Explanation / Answer

1.The Legal statute that applies here is the Title VII of the Civil Rights Act (Equal employment opportunities) that protect the individuals against discrimination by prohibiting employment discrimination based on race, color, religion, sex and national origin. In the first case, James Brown has faced discrimination based on race and in the second case Elnora Williams has undergone discrimination based on gender. Both types of discrimination are prohibited under Title VII and both of them can sue the employer for discrimination.

2. The court needs to decide whether the employer has discriminated and denied employment for the plaintiff based on race in first case and based on gender in second case. The court needs to consider the hiring practices adopted by the employer in both cases to identify the chance for discrimination.

3. If I were a Judge, I would rule against the employers. In both cases it is clear that the employer has discriminated unlawfully. Though James had 10 years of experience as cleaner, the hospital did not consider his application and employed less experienced white cleaners. It is evident that the employer discriminated unlawfully against John as he was black. In the second case Elnora Williams was denied employment as the school district was trying to employ only male candidate as principal. This is also unlawful discrimination under Title VII.

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