I need help in answering the case question, please answer each case question in

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I need help in answering the case question, please answer each case question in atleast 100 words.. case 2.2, case 2.3

50 Chapter 2 Discriminatory Conduct Unreasonable provisions can be pre there is disagreement ovesr vented by hard negotiations. Usually the amount of the award and deuage l parties will agree rather than not settle when statement that often prevent mands The wit interview During the int asked. Each and then dis factors used CASE 2.1 Discrimination Exposure You are the human resources manager at Gopher Products, a during this period and none has company that manufactures and distributes home security productivity drop more than 5 products. Gopher employs a regional sales force under the three-year period supervision of a vice-president for sales and 12 regional sales managers. Ben Green, a 55-year old black male is the Personality Inventory (MMPI) as an at only minority regional sales manager employed by the com sales personnel for the past 10 ye pany Green was hired 15 years ago and left another position show that there has been a high core as sales manager with another company to join Gopher. The MMPI test and sales manage company has a nondiscrimination statement and an affirma predicted high performance.) tive action policy in its handbook There is no indication of was adopted and has never taken it seen her Iris any HR repres future tech The company has utilized the Minnesota ars and ih as tee r productivity. (The M The vice-president for sales has approached ing race a hired before te I appl pa st discrimination on the part of the company and er had a discimination complaint or a law indicated that he plans to terminate Green for port company has never suit alleging racial discrimination filed against it mance. He further plans to advance the salesperson wits Over the past three years the productivity of Gren's highest score on the MIMPI to Green's position The f sales force has declined markedly each year. Two years ago scorers on the MMPl currently employed in sales by the company realigned its sales force and repla Green's sales force with a combination of new and experi- enced salespersons. Last year Green was reassigned to a What would you advise? What is the relative esposuce new region with an existing sales force. Despite these a discrimination claim under ADEA and/or Title changes, the productivity of Green's sales force has dropped fically, discuss the extent of the company's potenta 30 percent over the three-year period. No othegional sure under disparate impact or reverse discrimint sales manager has experienced consecutive annual losses decisions by the courts. ced half of pany are all white males Bob J est makin requ stren clim rying sta CASE 2.2 Discrimination in Selection botl pai The ABC University offered an Advanced Technology Organized, efficient, and multifunctional. Internship Program to graduates of a medical bac calaureate program, In 2008, the University graduated 77 stu- dents and there were five positions available (three full time and two part time) in the internship program. Iris was a 2008 graduate of the University and one of 32 applicants who job application, school/program attended, prior applied for the Advanced Technology Program. The positions experience, prior patient care experience, pr were posted on the University's website with the following interview at the medical center, and desire to w qualifications em op as hnology bac-work independently. Requires excellent interpersore skills and demonstrates effective communication Candidates were selected to interview based on bo de or work at the e ical center as demonstrated in their cover letter. Iris was o 20 applicants interviewed for the five oenings t gen Requires a graduate of an accredited medical technol- candidates interviewed also included gradutes ton ogy program. Technologist preferred. ience preferred. years as well as graduates from other outside progral

Explanation / Answer

1. The case of Iris does not seem to be fit for an EEOC claim,as two of the three positions for which the selection was made were filled by the persons with technological experience, which was essentially the preferred qualification for the role.. The third candidate was a strong choice as mentioned in the case. For Iris to succeed, she needs to establish that she had performed better than the third candidate selected in the interview process. She might have to give evidence that she was asked questions in the interview about her ethnic origin or race, which ultimtely led to her rejection,

The employer is likely to respond with the details of the selection process, establishing its sanctity and selection of the most deserving candidates.

2. The operation of Canning machine does not indicate that it can be done by the men only, but as Joyce never demonstrated her ability to work as a machine operator, nor she was qualified formally for the job, she has no claim to the job according to the criteria. However, company needs to justify the selection of Harry who also had experience in a different role. Therefore the company must be in condition to prove that Harry possessed essential formal qualification to be fit for the role. If Joyce also had such formal qualification, she can go ahead with a gender discrimination suit.

The bona fide qualification does not exist here, as besides physical endurance or the risk factor, there is nothing special in the job that makes it an exclusion for the male. The factor that there was no female position holder till date suggests more that there was no female applicant of such endurance who could have mustered the courage to take this male bastion. However, it does not mean that females should be excluded for the role for the future.

EEOC will look for following matters.

(a) Was the female applicant otherwise qualified.

(b) Was being female the only factor for her rejection.

(c) If this was one of the jobs which fell under category of Bona fide Occupational qualification suitable only for male.

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