Business-Management

1. Michael Roberts, an African American truck driver, applied in person for a tractor trailer truck driver position at a trucking company on March 22, 2007 in response to a newspaper advertisement. The qualifications for the job included at least one year of experience as truck driver, and he had over 5 years of experience as a truck driver. Michael Roberts was not contacted nor interviewed by the company about the status of his application. About three months later, Michael saw an identical advertisement for tractor trailer truck drivers. Upon inquiry, he learned that 8 persons (all white) had been hired as truck drivers in the last three months. All the truck drivers had less than 4 years of experience as truck drivers. The company said that Roberts was not hired because no opening existed when he applied. Roberts filed a discrimination complaint in District Court.  

a) What issue(s) are involved in the above case – consider the McDonnell-Douglas test? b) If you were a judge how would you rule? Did the employer discriminate unlawfully? Why or why not?

2. Several African American applicants sued in a class-action suit a hi-tech company in the Southeast. They claimed that they were discriminated against because the percentage of African Americans who were selected was lower than the percentage of whites who passed the test. The company used both a test and an interview for determining who was hired for a technical job. The results indicated that 60% of the African Americans who applied were selected while 80% of the whites who applied were selected. The African Americans claimed that they were discriminated against based on disparate impact.

a) Do the African Americans have a case of disparate impact - consider the 4/5ths rule? Why or why not? b) If there is a case of disparate impact then what does the employer have to show in order to refute the charge of disparate impact?

3. Sue Pappas applied for a position as an attendant for a psychiatric institution. She had previously worked for a similar institution where she had a very similar position and she had an excellent work record. She left the previous institution in good terms and the only reason for leaving the previous institution was that her family had moved into a new area. She stood 5’3” tall and weighed almost 330 pounds. She met the qualifications to do the job, and her physical indicated that she was able to do the job. The psychiatric institution decided not to hire her because of her obesity, claiming that her weight compromised her ability to evacuate patients in the event of an emergency. They also said that she was at a greater risk of developing serious health ailments which was likely to lead to higher health costs, workers’ compensation claims, and absenteeism. Sue Pappas sued the institution under ADA. (Note: she was unable to do all of the major life activities because of her obesity.)

a) Does Sue have a disability as defined by ADA and ADAAA? Why? b) If you were the judge how would you rule? Did the employer discriminate unlawfully? Why or why not?