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This was not a problem, except that each time the tests were conducted, results tended to be that white candidates out-performed other minority groups. This trend had sparked an outcry from citizens who construed the outcomes to be possible acts of discrimination. It the confrontation that had ensued, white Hispanics who believed they has passed the exams entered into a legal suit against the City that the results were engineered to discriminate them against the provisions of the constitution (Woods Jr and Gutzman, 2009).
The District Court had initially granted summary judgment to the case and the second circuit had affirmed. In determination of the appeal, the court ad observed that Title IV prohibits any acts of employment discrimination on the basis of color, sex, race, religion or national origin under what it interpreted as disparate treatment. The court had also elaborated that other forms of employment discrimination practices include discriminative policies or any practice that succeeds in discriminating, whether intended to be so or acts so by default especially on minorities. Disparate treatment is the discriminatory act in which an employer treats other employees as lesser beings with regard to workplace dynamics (Supreme Court of the United States, 2009).
The court had also observed that once a plaintiff has established a prima facie case of disparate act, then it is the duty of the employer has the burden to prove to the court that the position in question and procedures for acquisition are consistent with the necessity of the specific business in question. The court also recognized that in rare circumstances, when an employer takes an intentional course of action that directly discriminates on the basis of taking a precaution to avoid or remedying unintentional disparate impact, even then the employer must have a strong
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(“Social Equity Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
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(Social Equity Assignment Example | Topics and Well Written Essays - 500 Words)
“Social Equity Assignment Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/miscellaneous/1609188-social-equity.
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