Tanglewood Case 5: Disparate Impact The Uniform Guidelines on Employee Selection Procedures (UGESP) requires that all organizations keep records that allow calculation and comparison of statistics. The UGESP also requires that the four-fifth’s rule be calculated in all organizations. If there is evidence that “a selection rate for any…group is less than four-fifths (4/5) (or eighty percent) of the rate of for the group with the highest rate” (Code of Federal Regulations, 2011) then this usually is considered to be proof of adverse impact. After applying the four-fifth’s rule, and examining the selection ratios for all job categories, it is determined that the evidence points to disparate impact discrimination. Historical Hiring and Promotion Data: Applicant Flows Occupational category Total White* Total Non-White African- American* Store Associates External hires Applicants 18226 15436 2790 594 Hires 3832 3221 611 135 Selection ratio 21.02% 20.87% 21.90% 22.72% Shift leader External hires Applicants 392 320 72 17 Hires 61 54 7 2 Selection ratio 15.56% 16.88% 9....
Hamblett, M. (2004, August 26). 2nd Circuit: Impact of Employer Acts Grounds for Suit: Court rules on disparate impact theory of recovery. New York Law Journal. Retrieved April 4, 2005 from http://www.law.com/jsp/article.jsp?id=1090180422885
In the same year that Zimpfer was rejected, Palm Beach County filled only 4 percent of managerial positions with persons over 55 years of age and only 16 percent with persons over 39. Do these data indicate illegal discrimination using disparate impact theory? Should Zimpfer's lawyer use disparate impact theory for his claim of age discrimination?
Tanglewood has a strong stand within the nondurable general retail industry, which is currently having annual sales of over 4 trillion dollars. With a growing return rate of 13.1% and over 7 million in operating revenues Tanglewood has great growth potential and is very competitive. Even while competing with the major online competition and global competition. Tanglewood has the opportunity to expand their store into the global market, this would be major expansion and would help Tanglewood exceed the competition. Tanglewood has stayed rather small due to its low number of stores but can be the global leader of the nondurable industry if global expansion becomes reality.
Sex Discrimination in the American Workplace: Still a Fact of Life. (2000, July 01). Retrieved from National Women's Law Center : www.nwlc.org
The idea that is being presented is that discrimination is taking a role in analyzing a person’s work ethic and educational background. This unfair descriptive process was and still is causing issues with native employment.
Institutions in the businesses sector are swarming in racial discrimination, much of which is covert and difficult to detect and prove. Racial discrimination excludes, marginalizes and exploits those citizens who are discriminated against, ceasing any opportunity for economic progress and development. Under certain regulations some businesses are required to diversify their workplace by hiring certain amounts of people of color, but in reality these small quotas do not do much for the overall condition of the people who are being discriminated against. Businesses that fail to take action on racial discrimination tend to have lower levels of productivity. This stems from employees not being interested in working hard, or because people with exceptional talents and skills choose to shy away from certain places of employment due to the fear of racial discrimination. Employees who feel wronged also tend to switch jobs, forcing the organization to spend more time and resources on hiring and training new employees, besides coping with the low productivity of a new employee. (Nayab)The effects of racial discrimination in the American work force could be identified with funded research on the topic. With ample data employers will be able to better understand the negative affects that racial discrimination have
Disparate Impact arises when an employer's practices unintentionally excludes a protected class disproportionately (Player, Shoben and Lieberwitz, 1995). A "protected class" is a group of people, with common characteristics, which Congress has determined must be protected from inequality ("On-the-Job Discrimination: Gender Discrimination," 2004). This paper will analyze the landmark disparate impact case of Griggs v. Duke Power Co. (401 U.S. 424, 1971) from its beginning to its conclusion in the Supreme Court. Included will be the facts of the case and the issues detailed, as well as the history of the case from initial filing to final ruling.
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.
They found find large racial differences in callback rates. Applicants with white names need to send about 10 resumes to get one callback whereas applicants with African American names need to send around 15 resumes to get one callback. Whites with higher quality resumes received 30 percent more callbacks than whites with lower quality resumes. On the other hand, having a higher quality resume has a much smaller effect for African Americans. These percent gaps in callback rates are statistically very significant. It shows that African Americans face differential treatment when searching for jobs. This proves that race is very real and determines how much people earn and the life they can
Recruiting, selection, and employment are the main core staffing activities and are made possible by using the information found in the support activities. Core activities begin with reaching out to possible applicants and ends with the candidate accepting the job offer (Heneman III, Judge, & Kammeyer-Muellar, 2012). These activities put to practice the information in the support activities.
Discrimination is known to exist in all workplaces, sometimes it is too subtle to notice, and other times it is exceedingly obvious. It is known that everyone subconsciously discriminates, dependant on their own beliefs and environments that surround them. However, discrimination can be either positive or negative in their results, and sometimes discrimination is a necessary part of life.
Employers have the right to know many things about their employees. Job skills and training can even be investigated by the employer. The employee is to perform services and these services must be done in a certain manner. Someone who is incoherent because of drug abuse cannot be a pilot, for example. This is why employers can test to see if characteristics or tendencies would affect performance.
1. Finn, Lisa. "Female Discrimination in the Workplace." Editorial. Global Post-America's World News Site. N.p., 2005. Web. 17 Mar. 2014. .
...nequal pay, sexual harassment, seniority and maternity leave. The antidiscrimination laws that exist today and the cases that are successful because of them create an awareness that no employer will go unaffected if a discrimination suit is brought forth. (Jennings, 2006)
Integrity tests, references, and personality tests have the lowest levels of adverse impact. Structured interviews also have low adverse impact and are perceived as fair and job-related (Aamodt, 2016). Both interviews and assessment tests are susceptible to adverse impact and disparate treatment if they are not based on a job analysis. The tests and interview questions should relate to the job position or provide information about the company’s