Disparate Treatment or Disparate Impact - Essay Example

On the basis of the allegations and the observations of the district court that “Plaintiffs have exceeded the permissive and minimal permissive and minimal burden of establishing commonality by providing: (1) significant evidence of company-wide corporate practices and policies, which include (a) excessive subjectivity in personnel decisions, (b) gender stereotyping, and (c) maintenance of a strong corporate culture; (2) statistical evidence of gender disparities caused by discrimination; and (3) anecdotal evidence of gender bias,” this case involves a claim of disparate treatment as well as disparate impact. (Instructions)

Why did the plaintiffs bring this case under the Civil Rights Act rather than the Equal Pay Act? Explain.

The issue at stake is not only inequality of wages but also other job-related factors such as promotions on the basis of performance and seniority. The district court judge has observed “(1) significant evidence of company-wide corporate practices and policies which include excessive subjectivity in personnel decisions, gender stereotyping, and maintenance of a strong culture; (2) statistical evidence of gender disparities caused by discrimination; and (3) anecdotal evidence of gender bias.”

The equal Pay Act prohibits sex-based pay differences on jobs. Civil Rights Act includes gender-based pay differences as also other forms of discrimination such as promotion and trial by jury. (History of Civil Rights Laws)

Is the statistical evidence convincing in this case? Explain

Prima facie, statistical evidence appear to be convincing enough to the statistician, Dr. Richard Drogin. Wal-Mart has challenged Dr. Drogin’s analyzed data. However, Dr. Drogin reports having found “significant disparities between men and women.”

Going by the district court judge’s observations, it will be difficult for Wal_Mart to disprove the statistical evidence.

In all fairness and by the principles of natural justice, Wal-Mart would do well to address the allegations practically and pragmatically.