Post by Ebener12 on Dec 18, 2009 19:52:18 GMT -5
8. The District of Columbia Police Department requires for admission
into its police academy a high school diploma and a grade of 40 out of 80
on a "Test 21" developed by the United States Civil Service Commission
to measure "verbal ability, vocabulary, reading and comprehension". It
was found that the test had an adverse impact on black applicants,
because of their schooling and achievement levels, and as a result of
their inability to pass the exam in the same proportions as the white
applicants, the resulting job force in the District of Columbia Police
Department was made up of 65% white and 35% black.
You, as a black applicant for the District of Columbia Police Department
who failed the exam, bring suit against the District of Columbia,
asserting that under Title VII and the Fifth Amendment to the
Constitution the test employed by the District of Columbia works
discrimination upon you and other similarly situated persons. Please
address the following: (hint disparate impact case)
(a) Using your class notes, text and case law, what will the plaintiff have to show to raise a prima facia case of discrimination?
(b) If the plaintiff can show a prima facia case of discrimination, is this an adverse impact or adverse treatment case?
(c) Once the plaintiff has shown a discriminatory nature of the test, what defenses are available to the employer to justify said testing and what would be the analysis used by the court?
(d) Assume that you are the court appointed to decide this dispute, issue your opinion, being sure to include what remedy you might fashion on behalf of the similarly situated plaintiffs, if that is your result.
Anyone wanna be a nice guy and briefly answer this? Haha doubt it but it's worth a shot. It's basic stuff I just sold my book back and can't really decide on an answer..
into its police academy a high school diploma and a grade of 40 out of 80
on a "Test 21" developed by the United States Civil Service Commission
to measure "verbal ability, vocabulary, reading and comprehension". It
was found that the test had an adverse impact on black applicants,
because of their schooling and achievement levels, and as a result of
their inability to pass the exam in the same proportions as the white
applicants, the resulting job force in the District of Columbia Police
Department was made up of 65% white and 35% black.
You, as a black applicant for the District of Columbia Police Department
who failed the exam, bring suit against the District of Columbia,
asserting that under Title VII and the Fifth Amendment to the
Constitution the test employed by the District of Columbia works
discrimination upon you and other similarly situated persons. Please
address the following: (hint disparate impact case)
(a) Using your class notes, text and case law, what will the plaintiff have to show to raise a prima facia case of discrimination?
(b) If the plaintiff can show a prima facia case of discrimination, is this an adverse impact or adverse treatment case?
(c) Once the plaintiff has shown a discriminatory nature of the test, what defenses are available to the employer to justify said testing and what would be the analysis used by the court?
(d) Assume that you are the court appointed to decide this dispute, issue your opinion, being sure to include what remedy you might fashion on behalf of the similarly situated plaintiffs, if that is your result.
Anyone wanna be a nice guy and briefly answer this? Haha doubt it but it's worth a shot. It's basic stuff I just sold my book back and can't really decide on an answer..
