Case 3 the complaining party, is a law enforcement officer for the city of New e
ID: 390372 • Letter: C
Question
Case 3 the complaining party, is a law enforcement officer for the city of New eges that he was subjected to gender discrimination when he was not selected fora ol Agent-in-Charge position. The law enforcement agency acknowledged that a female was selected to appease a management official's desire for diversity candidates LA. Special meet the department's goals under a permissible affirmative action program. EEOC found, by clear and convincing evidence, that the female candidate was qualified for the position, but she also had the fewest qualifications of the six candidates for the position. Specifically, her efficiency reports, though re lower than any other candidate's and her interview did not go well; however, Further investigation by the of an good, we she still met minimum job standards. a. Can Ken establish a reverse discrimination case? Why or why not? b. Will the police department be held liable for a Title VII violation? Why or why not?Explanation / Answer
a. The plaintiff must prove following for a successful reverse discrimination case.
(a) The plaintiff was amember of a proected group.
(b) Similarly positioned employee got more favourable treatment than the plaintiff.
(c) Evidence that employer discriminates in favour of minority groups
(d) Plaintiff puts in good performance at the job.
Out of these citeria, first three are established as the plaitiff was male, at better position for the job and the organisation acknowledged that the decision was taken to appease a management personnel. However, the plaintiff has to prove that his performance was satisfactory for the role. if he established this, he can successfully contest the case.
b. The police department will have to establish that the selection of a female candidate over equally or more qualified male candidates was consistent with business necessity of the organisation and to give the females equal representation. The liability under Title VII violation will depend on a deeper investigation of the underlying circumstances such as representation of female candidates in the department and other factors consistent with the goals of department related to affirmative action program.
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