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Disparate Impact / Disparate Treatment Case Study Mgt434

1097 words - 4 pages

Disparate Impact/Disparate Treatment Case StudyThe U.S. Equal Employment Opportunity Commission (EEOC) enforces laws enacted to prevent job discrimination. They are also involved in oversight and policy making as it is related to job discriminations. Any individual who feels their employer has discriminated against them for any of the reasons overseen by the EEOC has the right to file a complaint.One of the largest pieces of legislation overseen by the EEOC is Title VII of the Civil Rights Act of 1964 (www.eeoc.gov). Title VII was enacted to ensure fair employment practices would be followed and that those practices would be free from discrimination in the areas of race, color, religion, sex, or national origin. The Civil Rights Act of 1991 added the additional benefit of allowing the violated party to attempt recovery of compensatory and punitive damages for willful and intentional violation of Title VII.Two specific acts prohibited by Title VII are disparate treatment and disparate impact. Disparate treatment is alleged when a group protected under Title VII is being treated differently than other individuals or groups because of their membership in the protected class (HR-Guide). To prove disparate treatment it must be shown that the employer's actions were motivated by discriminatory intent. Disparate impact is when an employer implements a practice which although not motivated by discriminatory intent, still has an adverse impact on members of a protected group. This paper will review one case example for each of these discriminatory acts and examine the implications of each at the author's place of employment.Disparate Treatment: Marshall vs. American Hospital AssociationBasic Facts of the CaseTari Marshall applied for the position of associate director at one of American Hospital Association's hospital, knowing at the time that she was pregnant and the baby was due in June of 1995. Marshall had extensive experience in public relations and marketing no background in healthcare. Concern over Marshall's lack of healthcare experience was expressed by AHA during the interview process. It was further explained to Marshall during the interview process that a major responsibility of the role would be to organize an annual education conference held in September and Marshall did not share with AHA the fact that she was pregnant and indicated she understood the level of responsibility required for the role. The AHA fired Marshall February 6th, 1995 stating that her lack of health care experience was causing problems with her work.Ruling and Reasoning of the CourtFollowing is the U.S. 7th Court of Appeals conclusion on the case (FindLaw): "We agree with the district court's conclusion that the record evidence, viewed in the light most favorable to Marshall, does not constitute sufficient evidence of discrimination to allow Marshall to avoid summary judgment. Marshall fails to completely meet the necessary requirements of either the direct or indirect...

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