Human Resources Managment

It can be noted in this case that the employer discriminated Michael Roberts on the basis of race by virtue of being an African American since other white guys with less experience were hired for the same job. The McDonnell-Douglas test is applicable to this particular case, according to the US Legal (2013), Mcdonnell Douglas test refers to a legal principle requiring a plaintiff (employee) to prove with evidence of employment- discrimination. The test also requires a defendant (employer) to prove with evidence showing that the employment action complained was taken for non discriminatory reasons. Being the judge in the above mentioned case, I will rule in favour of the plaintiff given that a case of racial discrimination against Michael Roberts exists since he did not get the job as a result of being an African American while other whites with less experience were hired for the same position. 2. The African Americans in this case can sue for disparate impact under Title vii of the Civil Rights Act of 1964. According to the Freedictionary (2013), disparate impact is a theory that prohibits the employer from using facially neutral employment practices that have an unjustified effect on protected classes. As aptly shown in the case study, African Americans were unfavourably treated when it comes to securing technical employment. Only 60 % of those who wrote the test were selected while 80 percent of the whites who wrote the same test were selected. However, the employer can use business necessity clause to refute the allegations levelled against him. If this practice is really necessary to the operations of the organization, then the employer would not have any case to answer. It is also important for the plaintiffs to prove that they are a protected class under this legal provision. Failure to do so may render their case invalid. 1. Sue Pappas applied for a position of an attendant for a psychiatric institution. However, she does not succeed in getting the job as a result of her obesity. Before she sues under Title I of the Americans with Disabilities Act (ADA), she has to prove that she has a disability. The ADA defines disabil­ity as a physical or mental impairment that substantially limits a major life activ­ity. a record of such an impairment. or being regarded as having such an impair­ment, (Reiter, 1). Under ADA, obesity is excluded hence Sue cannot win this particular case. However, ADA Amendments Act of 2008 (ADAAA) has broadened the definition of disability to encompass a lot of other biological functions of the body. Since she cannot perform all of the major life activities because of her obesity, she can sue the employer under the ADAA since it can be seen that she has been unfairly discriminated. Her past experience shows that she can perform this job well so there is no reason for this employer to deny her the opportunity to get this job. Assignment 2 Job Title: Marketing communications officer Position Purpose: The purpose of this position is to maintain a clear communication strategy for the marketing department as well as the organization as a whole. The candidate will communicate vital information to

You Might Also Like