Tennesse Valley Authority Case Summary
1.1. What were the legal issues in this case? What did the appeals court decide? In this case Mr. David Dunlap, a fifty year-old black man, filed a lawsuit against Tennesse Valley Authority, alleging racial discrimination under Title VII of the the Cival Rights Act of 1964. Mr. Dunlap has twenty-two years of experience as a boilermaker and fifteen years of experience supervising a group of boilermaker. Mr. Dunlap alleges that he attempted to be an employee of Tennesse Valley Authority (TVA) since the 70's, but has never received an opportunity for an interview with the company despite its vast experience in the field. After applying again in TVA, Mr. Dunlap argues that the interview was contaminated and that he had been subjected …show more content…
Why did the plaintiff’s disparate (adverse) impact claim fail? For a claim of disparate impact can be proven, the plaintiff has to show in court that a facially neutral employment practice is more harshly on one group than another and have to demostrate that the practice it is not a business necessity. (p. 222) In this case, Mr. Dunlap failed to demonstrate that the techniques used in his interview process by TVA were ever used in the other interviews given to other candidates. Also, he failed to show that any statistical evidence showing that a protected group was adversely impacted.
3. Why did the plaintiff’s disparate treatment claim succeed? What was the evidence that the employer’s reliance on interview scores was a pretext for race discrimination? A complaint of disparate treatment can be proved if the plaintiff could prove that a candidate had been disfavored and others had been favored because of race, color, religion, sex, or national origin by the employer. (P.222) TVA's selection committee established an interview scores were the interview subjective criteria has a weight of 70% and the technical expertise (skills) would account 30%. The committed would transfer the bulk of the final score from objective measuments towards a subjective
Efferson County Case Summary
600 Words | 3 Pagesefferson County DHR representative’s testimony revealed that this is the case for the custodial parent (CP), Donna W. Hare, and the non-custodial parent (NCP), Donald P. Bozeman. The CP made an application for services on March 6, 1992. The CP provided DHR with the divorce order with the final judgement dated November 1980. DHR completed a spreadsheet from the payments that the CP provided. This information was submitted to the NCP with the calculations of $25.00 weekly; payments of $100.00 and $300.00 received.
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759 Words | 4 PagesThe Title VII’s disparate-impact provision inhibits employment practices that have the unintentional effect of race discrimination (Walsh, 2016, p.114). Even though Congress enacted Title VII for the main purpose of confronting racial discrimination in the workplace, courts have continued to struggle to appropriately address the prevalence of subtle racial discrimination that burdens minority applicants/employees today (Ritenhouse, 2013). Another legal issue included in this case is North Hudson refusing to implement non-discriminatory hiring procedures that do not disproportionately exclude African-Americans from employment without evidence of business need. The employer also refused to correct the effects of previous discriminatory practices. As an end result of this case, the District Court held that the employer’s business-necessity justification was insufficient and that there were alternative means to achieve the goals stated that were less
The Case Of Ashwander Vs. Tennessee Authority
451 Words | 2 PagesThe Ashwander V Tennessee Authority case was argued December 19th 1935. McReynolds claimed that the Tennessee Valley Authority Act was unconstitutional while Brandeis was concurring for it. Brandeis collected and presented the Ashwander rules in the case, which are a set of rules which state that the constitutionality of an internal issue between shareholders should not be disputed or taken too literally. The TVA was firstly signed by President Roosevelt May 18th, 1933. This act was put into place as a part of the New Deal, involved with the intent to help Americans out of the depression and improve the economy of the Country.
Holmes County Court Case Summary
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Case Study Of Abigail Fisher V. University Of Texas
625 Words | 3 PagesAfter carefully reviewing the oral argument and brief of case 14-191, Abigail Fisher v. University of Texas at Austin, I was impressed how well the plaintiff attorney argued her defense during the trail. The litigations were as stated, in 2008, the UT Austin enrollment department wrongfully denied admission based upon the school considered race discrimination in its admission process because Fisher was a white female student, and because of her inadequate academic achievements. Fisher lawyer focus adequately on the highlight of the case by persuading the court that she would have gotten accepted into the university if she wasn’t stereotyped on such matters: race, top 10 percent student, grades, test scores which she refer to as personal achievement index. UT at Austin attorneys really didn’t have much leading factories to propose a concrete objective. In the argument Fisher attorney used the Justice Powell‘s example on Bakke system to support is statement.
Tennessee Vs Garner Case Study
260 Words | 2 PagesIn the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant
The Supreme Courts Case: Tennessee V. Garner
264 Words | 2 PagesOne primary legislative cause of the difficulties in prosecuting police is the 1986 the United States supreme courts case, Tennessee v. Garner, which did not allows usages of deadly force by an officer unless "the officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others" but the rhetorically vague term "good-faith belief" allowed an objective reason to kill and created a barrier in proving an officer is guilty in court system. While this old legislative piece accounts the difficulties in prosecuting police, the traditional unspoken rule of police officers not to report against colleagues cause corruption in the process of prosecution which is another source of
Tennessee Vs Garner Case Study
981 Words | 4 PagesThe case of Tennessee v. Garner was brought to the Supreme Court in 1985. The overview is as follows. One unspecified day in 1984 at approximately 22:45 Memphis Tennessee police were dispatched to answer a “prowler inside call”. Upon arrival on scene they saw a woman standing on her porch and motioning toward an adjacent house. The woman stated she had heard glass breaking and that someone was breaking and entering the house.
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Ricci V. Destefano Case
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David Dunlap Case Study
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Little Rock Police Department Case Paper
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Prima Facie: Illegal Discrimination
647 Words | 3 PagesWhile there might be times where discrimination was involved in the lack of promotion for individual, however, this particular case study seems to lack the ability to truly provide how this is possible. According to Robinson (2010), Prima Facie involves the process of having sufficient evidence before trail in a lawsuit or in some situations criminal prosecution cases (p. 27). Based off the information provided in this particular case study it would see that Carol is in a bit of a bind regarding Prima Facie. It does not appear that Carol has sufficient evidence to prove that there is illegal discrimination. While it is unfortunate that Carol was not selected for the position that she desired, it is challenging to prove if there was indeed discrimination
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