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Business Employment Law - Case Study Example

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The author of the paper "Business Employment Law" touches upon the law that concerns employees. Admittedly, the need to establish and maintain objectivity during the process of hiring employees is key to defending accusations of unlawful discrimination…
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Business Employment Law
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Download file to see previous pages Notably, Mr. Dunlap presented claims that showed the aspects of priority given to the white over the black people, irrespective of them having better qualifications and work experiences than the white people. However, Mr. Dunlap failed to prove the case regarding disparate impact. The case later proceeded to the U.S. Court of Appeal with the legal issue being, to establish whether Dunlap fulfilled the burden of proof in the case, in addition to establishing the correctness of the District Court findings. The Court of Appeal confirmed the decisions of the District Court in the case, as they cited the insufficient evidence for disparate treatment. They also upheld the decision on awards for the damages and fees. However, the Court of Appeal reversed the verdict on disparate impact.
Why the plaintiff’s disparate, impact claim failed
Mr. Dunlap suit alleged that TVA manipulated the process of selection, causing the disparate impact on the minority candidates. He alleged he was a victim of intentional disparate treatment that both violate the Title VII. In the analysis, the impact theory expects the employee or job applicant to ensure they demonstrate that an apparent employment practice affects a given group harshly. In addition, that the employment practice favors the other side without justification. The countering side, that is the employer, in this case, TVA should show that the manifest procedure relates to the employment process, an argument called “business necessity” justification. ...Download file to see next pagesRead More
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