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Key terms of discrimination
What is discrimination? An action intended to exclude another group An indication of low self-esteem A preconceived attitude about another group
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This analysis will serve to measure the accusation of discrimination by Mr. Ron Whyme against We Deny Everything Insurance Company (WDE). As explained by Nelson (2009), in order for prima face discrimination to have taken please, one must demonstrate they are part of a protected class; that they applied for the job; were rejected for the job or promotion, and the job was filled by someone else. The analysis will be measured by the most widely and legally accepted method of conducting the analysis is measuring the factors by the 4/5ths (or Griggs) rule. By using the 4/5ths rule as a determination for the outcome of the analysis, the protected class is compared to the majority group by dividing the number of individuals applied by the number
hired. “Under the 4/5ths rule, if the selection ratio for protected class A (the minority group) is less than 80 percent of the selection ratio for protected class B (the majority group), then the plaintiff has statistical evidence of adverse impact discrimination, or there is a prima facie case of discrimination” (Nelson, 2009, slide 5). In this case, the four regional center managers (RCM) were all over the age of 40, and considered part of the protected class. “The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older” (U.S. Equal Employment Opportunity Commission, n.d.). All RCM’s were considered for the role of corporate claims specialist (CCS), but none were hired, resulting in age discrimination based on the 4/5ths rule. Finally, WDE lacks validation of their hiring procedure. Validation s described by Nelson (2009) as the process of collecting evidence which supports tests and measures. Validation is a vital part of the procedure outlined by the EEOC when analyzing the protected class. In conclusion, the analysis supports the claim of Mr. Whyme against WDE based on three determining factors; the 4/5ths rule outcome, Mr. Whyme being part of a protected class, and because WDE lacks validation.