An African-American employee sought promotion to a chemist position with supervi

Question

An African-American employee sought promotion to a chemist position with supervisory responsibilities. Promotions were based on the results of “certification” (based on education and work experience) and an interview. Because of his extensive experience, the African-American employee received a score of 89 on the certification. The second-ranked candidate scored 28 points lower. A panel of three (all white persons) interviewed the five candidates deemed qualified after the certification process. Interviews were scored and a candidate’s score was the average score given by the three interviews. The highest score on the interview was 52, and he African American employee ranked 3rd with a score of 48. The interviewers attributed that lower score to the employees not clearly explaining how his skills would be used on the job and how he planned to move the country’s environmental programs forward. The white male who scored highest on the interview was promoted, despite the fact that he had scored 34 points lower in the certification stage. The company has an informal policy of hiring from within fir promotional positions, although it didn’t always do so. The African American employee sued. What should the court decide? Why?

Explanation / Answer

After reading the case, it is clear that the company did not go for bias-free procedures for recruitment. For any position, appropriate recruitment methods are required. in this case for the position of chemist with supervisory responsibilities both education, qualification and interview judging skills and knowledge should be included which was actually done by the company. Although, the African-American employee got highest in the certification i.e. 89 and in interview scored 48, so in total, he should be eligible for the job. But the person who got the job had fewer scores than him. After the company being sued by the African American employee, the decision should be in favour of African American Employee. Because the interviewers were all white persons they have shown the act of racism or discrimination which is a crime and illegal under the Employment Non-Discrimination Act and Fair Employment Act, 1941.

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