Disparate Treatment

1099 Words3 Pages

Disparate treatment is a form of discrimination that is forbidden by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group, “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American decent. The case was heard by the Seventh District Court of Appeals and ultimately appeared before the United States Supreme Court, where Justice Scalia delivered the final verdict in favor of the plaintiffs. The Lewis v. City of Chicago case was filled because the City of Chicago, Illinois, offered a firefighter candidate exam, in which over 26,000 persons applied (Grossman, 2010). The city issued a public announcement following the exam that only candidates which received a minimum score of 89 or above on the test would be considered as well qualified and selected from a lottery pool to continue on in the hiring process for positions with the Chicago Fire Department (Grossman, 2010). Candidates who scored below a 65 were notified that they had failed the exam and would no longer be considered for a positi... ... middle of paper ... ...ervices to ensure that hiring and testing processes are equitable and legal. The Lewis v. City of Chicago case was found in favor of the plaintiffs that may have been an oversight in which the city simply desired to create a manageable hiring list. Illegal classifications and hiring projection errors created a case where a class action group was victims of disparate treatment. Hiring and promotional processes must remain fair and consistent to maintain a positive as well as legal employer. References Grossman, J. L. (2010). Lewis v. City of Chicago: The Supreme Court protects the rights of disparate-impact discrimination plaintiffs. Retrieved from http://writ.news.findlaw.com/grossman/20100608.html Lewis v. City of Chicago, 560 S. Ct. 560 (2010). Varone, J. C. (2012). Legal considerations for fire & emergency services (2nd ed.). Clifton Park, NY: Delmar.

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