Disparate Treatment Hiring
Use the internet to research a legal case involving disparate treatment in the selection or hiring process. Then in a 3–4 page paper, succinctly and clearly analyze the case. Include the following in your analysis:
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Disparate Treatment Hiring
- Describe the important issues in the case.
- Provide a description of the case, and describe the important issues.
- Distinguish the theory of disparate treatment from the theory of disparate (or adverse) impact.
- Distinguish the theory of disparate treatment from the theory of disparate (or adverse) impact using specific examples from your selected legal case and provide additional context if needed to support your work. Be sure to identify the dispute, and what makes this a case about disparate treatment.
- Analyze the outcome of the case.
- Explain the court’s decision.
- Note whether you agree with the court.
- Analyze disparate impact.
- Analyze the evidence of discriminatory effects.
- Analyze the evidence of discriminatory effects in your selected case, and provide specific examples of connections to the rule, policy, or process.
- Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
- Communicate in a manner that is scholarly, professional, and consistent with expectations of members of the human resources profession.
- Be sure you communicate in a scholarly, professional manner that addresses the intended audience and is free of grammatical and mechanical errors.
Disparate Treatment Overview
Disparate treatment in hiring occurs when an employer intentionally discriminates against a candidate based on a protected characteristic, such as race, gender, or religion. It requires proof of intent, usually demonstrated by different treatment of similarly qualified individuals.
Example Case Analysis
In Ricci v. DeStefano, white and Hispanic firefighters sued the City of New Haven after their promotion exams were discarded because no Black firefighters passed. The court ruled this action was disparate treatment based on race, despite neutral intentions. The case underscores the complexity of balancing fairness and anti-discrimination principles in hiring decisions.
