MINIMUM OF ONE PARAGRAPH Janet Johnson, an African American woman, has been work
ID: 468833 • Letter: M
Question
MINIMUM OF ONE PARAGRAPH
Janet Johnson, an African American woman, has been working at the Tennessee Hydroelectric plant for 15 years. During that time, his performance reviews have been exemplary. She decided to apply for the new plant foreman position. Although she felt that she was eminently qualified for the position, she also was growing tired of a certain good old boy culture at the plant. For years, the plant has had a culture of highly lewd “jokes,” and many of the employees had also engaged in inappropriate touching of female employees. The plant had an anti-harassment policy on record, but Janet’s boss shrugged and said “boys will be boys” when she reported the harassment to him.
Competition for the position was fierce. But ultimately, Jose Martinez, a Chilean man, received the position. Jose had 7 years of experience. Unbeknownst to the applicants the promotion board secretly ran a credit check on the applicants. Janet credit score came in as lower as average, and this factored into the board’s decision. Although he met the qualifications of the position, one of the hiring managers told Janet in confidence that Janet was the most qualified person for the job. And the other managers had applied a racial preference on Jose’s behalf due to there never having been a Latino manager at the plant even though Latino’s represented 35% of employees at the plant. Janet sues the plant for disparate treatment, disparate impact, and sexual harassment under Title VII.
If the plant argues that it applied a racial preference to Jose to correct a manifest imbalance at the plant of underutilization of certain minorities, will the plant prevail? Why or why not?
Explanation / Answer
Plant as employers will not prevail as Janet Johnson is an African American lady and she also comes under minority community. Thus, discrimination against Janet on the basis of race, color and sex to benefit Jose a Latino person will not be accepted under Article VII of Civil Rights Act, 1964. Case of Janet will be reinforced by the fact that Plant already employs 35% Latino employees out of the total workforce.
Besides, Plant as the employer has to justify Bona Fide Occupational Qualification that correlates qualification test with the performance requirement. Here, the employer has to prove that low credit score of Janel is an important factor to conduct the job of a plant foreman position. If not, then it is an unjustified qualification check. Here also, plan will not succeed. Also, the plant has to answer the harassment charges put in against them by Janet as many employment laws protect women employees against harassment.
In the light of the above misconduct made by plant employer, they will not prevail in the court of law.
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