2. A company covered by Title VII advertised for a position of Marketing Manager
ID: 465597 • 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
Equal Employment Opportunity Commission (EEOC) is a US federal agency that will work to protect the rights of the employees or job applicants person's race, color, religion, sex, national origin, age (40 or older), disability or genetic information for any kind of discrimination. The US Title VII of the Civil Rights Act of 1964 may refuse the employer to recruit more than 15 employees from discriminating against employees for their race, color, or national origin, as well as those associated with a person, organization, or group connected to a particular race, color, or national origin.
In the case it is given that the company has recruited one White, One Black and One Asian people are hired from five, three and two number of applications. It is also noted that from among the six applicants of the Hispanic people (Both Male and Female) none of them were selected. It is a clear indication that the employer has shown some discrimination under national region. But as per the rules of Civil Rights Act of 1964, the employer can recruit 15 employees from any country and in any manner. At the same time, the employee has to prove the decimation along with documental evidence like total number applicants, total number of recruited people etc. So, the employee in this case cannot enforce the Act.
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