2. A company covered by Title VII advertised for a position of Marketing Manager
ID: 465582 • Letter: 2
Question
2. A company covered by Title VII advertised for a position of Marketing Manager. The company hired three people: Jane, white female, age 38; Charlie, age 44, black male, Lin, a Chinese female, age 25. Garza, a Hispanic male, aged 47 had applied for the job but was not selected. Later he found out that 6 Hispanics including himself had applied for the job (gender of the six other than himself unknown) and none was hired. He also gathered informally that 3 Blacks, 5 Whites, and 2 Asians had applied for the job out of which the above three were hired. He feels that the company has discriminated but being unaware of the EEO laws has sought your guidance. He wants to know if there is any evidence of discrimination and the bases on which he could have been discriminated against. Discuss if the company practiced discrimination based on any of the prohibited categories with a justification.
Explanation / Answer
As per the title VII employers are not allowed to indulge in employment discrimination on the basis of race, color, religion, sex or national origin.
Now, in this case there is no proof or evidence that the company has limited or segregated, in any way, the applicants for the post of marketing manager that has resulted in deprivation of employment opportunities against the Hispanics. There is no clear evidence (as per the requirement of the Equal Employment Opportunity (EEO) laws) that the company's hiring practice causes a disparate impact on the basis of race.
The justification that the company can have is that they have selected the candidates with the required skills and aptitude. Their selection of a white female, a black male and a Chinese female indicates that they have not given preference to a particular race and that the fact that none of the Hispanics were hired was a result of discrimination.
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