A. Federal Employment Legislation: Incident: Paul Martin had worked for 12 years

Question

A. Federal Employment Legislation: Incident: Paul Martin had worked for 12 years for the department of transportation when he applied for a promotion to dispatcher. Martin scored 75 on an interview test. Betty Palmer, another candidate, scored 73 and got the job. Martin sued the county for reverse discrimination. The county said that both Martin and Palmer were qualified and that Palmer had gotten the job as part of a voluntary affirmative action plan designed to achieve a work force that reflected the race and gender composition of the county. The county pointed out that none of 238 skilled craft workers jobs in the county were help by women. Answer the questions below around this case.

Which one or more of the legal statute(s) listed in the exercise apply to the case (for example, Title VII of the Civil Rights Act)?

What issue(s) must the court decide in the case (for example, racial harassment)?

If you were the judge, how would you rule? Explain.

Describe two ways to help ensure workforce planning and employment are compliant.

B Analyzing the Labor Market: “Conditions in the labor market affect the ability of an organization to hire the qualified individuals it needs. A labor market analysis looks at various economic indicators and other factors that impact the availability of those individuals” (Reed & Bogardus, 2015, p. 176). Answer the following questions as it relates to analyzing the labor market:

Analyze at least two economic indicators or other factors that impact the availability of qualified candidates and/or the organization’s ability to hire qualified candidates.

Reed and Bogardus (2015) writes: “A useful labor market analysis for a particular organization includes data that is relevant to the needs of the organization and the types of employees and skills it is seeking to hire” (p. 177). Identify a useful labor market analysis for a particular organization with which you are familiar. Cite the particular needs of the organization, including the types of employees and skill sets it seeks through the hiring process.

Explanation / Answer

Ans 1. Paul Martin was denied promotion as a dispatcher where he had worked for 12 years in the department of transportation. Betty Palmer who scored 73 points in the interview test was selected over him even though he scored 75 in the interview test and she scored 73 in the interview test. He sued for reverse discrimination under “Title VII of the civil rights act of 1964 which explains that an employer cannot follow unlawful practices to discriminate against the employee with respect to his compensation, terms, conditions, privileges of employment because of an individuals race, color sex, religion or national origin.”

“The title VII forbids discrimination in any aspect of employment including recruitment, transfer, promotions, layoffs, and recall”.

According to him, he was denied promotion for being a male and Betty was preferred as she was a female. Therefore, under title VII he sued for reverse discrimination.

Ans 2. The court must investigate the matter of discrimination based on sex bias and sex discrimination whereby a female employee has been promoted over a male colleague who performed better at the interview. The court has to find out if the discriminatory charges are genuine and if the promotion of Betty was due to a preference for a female employee over a male employee. Here the court has to decide if Martin was accorded an unequal opportunity for promotion because of sex/gender discrimination and because he is a male.

Ans 3. As a judge, I would rule in Favor of Betty Palmer as the county has promoted her to overcome and correct a previous discrimination. They have clarified that she was preferred as a part of the voluntary affirmative action plan. The county has been fair in their decision and their action is not based on any gender preference. They are trying to build a workforce which is more equitable, has a better diversity and better composition.

Ans4. Two ways to manage a workforce planning and employment are compliant is as follows:

*”As per guidelines can answer up to 4 parts of a question of 4 questions.”

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