Title VII Case Scenarios
Instructions:

Read the attached EEOC Informal Discussion Letter.

Use your knowledge of Title VII of the Civil Rights Act to analyze and
answer the following questions. Your answers should be thorough and
well-reasoned, with citations to the text or other sources to support your
argument:

1. XYZ City, USA has a minimum height/weight requirement of five feet,
six inches and 130 pounds for police officers, regardless of whether the
applicant is male or female. Does this result in a disparate impact to
female applicants? What reasons would XYZ City likely give for having
this policy? How might XYZ City's police department revise this policy
while still ensuring that the department's objectives are met?

2. A canned-fruit processing factory in XYZ City, USA advertises for
factory worker openings and states that applicants must have a high
school diploma and speak fluent English. About 60% of XYZ City's labor
force is comprised of Hispanic migrant workers, many of whom do not
speak English. Do the factory's requirements result in a disparate
impact to non-white applicants? What would the factory have to
demonstrate in order to prevail in a disparate impact claim?

3. ABC Company has a lock-step pay schedule based on years of
service. In an effort to better retain and recruit new employees, ABC
raises the pay grade that applies to all employees with fewer than five
years of service. As a result, all of the employees who received raises
happened to be under 35, and none of the employees over the age of
50 received a raise. Assuming that the employees over 50 years old
filed a claim, what arguments would you make in favor of ABC
Company? What arguments would you make in favor of the plaintiff
employees?

4. Della is 20 years old and has worked at ABC Company for six
months in the billing department. She suffered a brain injury at 16 years
old and as a result, did not complete high school. Della has made
numerous mistakes on customer invoices, has trouble with basic
arithmetic, and has either misplaced or failed to mail invoices in a timely
fashion. One of her recent mistakes cost the company $5,000. ABC
Company is a small, family-owned business and is concerned about an
ADA lawsuit if they terminate her, so they make up a new companywide
requirement that all office employees must have a high school
diploma. Della brings suit claiming a Title VII violation. How would you
distinguish this situation from the nursing assistant mentioned in the
EEOC Informal Discussion Letter? What arguments can ABC Company
make in its defense?

Attachments:

• 1507474005-EEOCInformalDiscussionLetterwk5law531cm.doc