Beach Bum Case Summary
Problem Set One: Beach Bum’s job advertisement has included some exclusionary words that would keep some applicants from apply to a lifeguard position. The use of “look good in bikini” would be discriminating against males due to the fact females wear bikini and it could result in disparate treatment lawsuit. Also, the use of “look good in bikini” would be discriminating against religion due to the fact some religions does not allow its practicing members to wear such garments. A lawsuit under religious discrimination can show failure to reasonably accommodate the person in this particular religion. Another view of “look good in bikini” could discriminate against some women and men that do not have a particular body type. A fourth view of “look good in bikini” could exclude those that are qualified that are over the age of 40. A fifth problem with the job advertisement is the words “work on tan” this could discriminate against people based on race because not all races work on their tans. A sixth problem with the job posting is “home for the summer” this could be looked upon as the employer is only looking
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for college students, which could be discriminating against those over the age of 40 and possibly to the races they have a low rate of college attendance. Beach Bum needs to re-do their job advertisement and utilize neutral message that does not discriminate against any qualified individual.
Problem Set Two
Issue:
The Venice Beach area is fairly diverse area, but the Beach Bum company employ mostly those under a Caucasian ethnicity and of the female gender.
Beach Bum advertising for lifeguard candidates exclusively in newsletters and other publications by Tri-Delta sorority, which to managers produce the most attractive women. Discrimination practices can cause a negative light to be placed on the Beach Bum name and cause customers to no longer purchase Babes of the Beach merchandise.
Rule:
Under Title VII of the Civil Rights Act of 1964, “It shall be an unlawful practice for an employer…to print or publish or cause to be printed or published any notice or advertisement related to employment…indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin..” (Walsh,
2013-2016).
The use of a relevant labor market was utilized in NAACP v. North Hudson Regional Fire & Rescue, “In the District Court’s view, Wright’s statistical evidence sufficed to establish a prima facie case of disparate impact, including both substantial statistical disparities and a casual link to North Hudson’s residency requirement.” (Walsh, 2013-2016)
Under Title VII, “An unlawful employment practice based on disparate impact is established…only if…a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.” (Walsh, 2013-2016)
Analysis:
Beach Bum published its job advertisement only in Tri-Delta newsletters and other publications. The words “look good in bikini” can mean discrimination towards males that are interest and qualified for the position.
Beach Bum has only one non-Caucasian individual working for them and all but five of the employees are females.
The area has a diverse area with 20% Hispanic, 20% Black, 20% Asian, and 40% Caucasian, which is not reflected in its hiring practices.
The average age of Beach Bum is 21 years old.
Conclusion:
Beach Bum use of only newsletters and other publications by Tri-Delta has led to discriminatory hiring practices. The fact Beach Bum only has one non-Caucasian and all but five are women shows a pattern of discrimination against individual that are considered a protected class. Beach Bum needs to cease and desist these hiring practices and utilize an affirmation action plan that shows the diversity of the local population.
Problem Set Three:
Issue:
Beach Bum’s top candidates are asked to submit pictures. The Hoff looks at the pictures and selects candidates who he believes have the most talent for a swim test and a “personal interview” with the Hoff. During the interview process, applicants are tested for sexually transmitted diseases under a pre-employment inquiries. Beach Bum does require the lifeguards to have sexual relations with its patrons but it does know it occurs. Beach Bum does not want to the publicity associated with spreading STD’s.
Rule:
Under Title VII, “Employers should not directly inquire about protected class characteristics. Employers should not indirectly inquire about the protected class characteristics of job candidates. Employers should avoid questions about requirements or criteria that are not uniformly applied to job candidates. Employers should avoid questions about requirements that have a high probability of producing adverse impact.” (Walsh, 2013-2016)
In the case of Harrison v. Benchmark Electronics Huntsville, “In the pre-offer stage, which is at issue in this case, a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.…The language in the ADA prohibiting pre-employment medical inquiries does not limit coverage to applicants who are also qualified individuals with disabilities and we do not infer such a restriction.” (Walsh, 2013-2016)
Analysis:
The applicants are asked to submit a picture with application. The use of pictures to screen out candidates who the Hoff believes cannot complete the swim test.
The applicants are tested for sexually transmitted diseases.
Conclusion:
The use of pictures to screen applicants ability to complete a swim test is consider to be a way for an employer inquire about protected class. The fact that almost all of the employees of Beach Bum is Caucasian and all but five are females is telling of discriminatory hiring practices. The use of STDs test prior to employment is illegal pre-employment practice. David Walsh writes, “Employers must refrain from seeking medical information from all applicants, disabled or not. Medical inquires include questions about disabilities, medical and psychological conditions, medical histories, medications taken and workers’ compensation claims filed.” (Walsh, 2013-2016) Beach Bum is to cease and desist use of pictures and STDs pre-employment inquiry practices. Beach Bum is review past candidates they disqualified under these practices and interview them. Beach Bum is to utilize a relevant labor market report to determine the number of individuals of each race they are to have working for them.
for college students, which could be discriminating against those over the age of 40 and possibly to the races they have a low rate of college attendance. Beach Bum needs to re-do their job advertisement and utilize neutral message that does not discriminate against any qualified individual.
Problem Set Two
Issue:
The Venice Beach area is fairly diverse area, but the Beach Bum company employ mostly those under a Caucasian ethnicity and of the female gender.
Beach Bum advertising for lifeguard candidates exclusively in newsletters and other publications by Tri-Delta sorority, which to managers produce the most attractive women. Discrimination practices can cause a negative light to be placed on the Beach Bum name and cause customers to no longer purchase Babes of the Beach merchandise.
Rule:
Under Title VII of the Civil Rights Act of 1964, “It shall be an unlawful practice for an employer…to print or publish or cause to be printed or published any notice or advertisement related to employment…indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin..” (Walsh,
2013-2016).
The use of a relevant labor market was utilized in NAACP v. North Hudson Regional Fire & Rescue, “In the District Court’s view, Wright’s statistical evidence sufficed to establish a prima facie case of disparate impact, including both substantial statistical disparities and a casual link to North Hudson’s residency requirement.” (Walsh, 2013-2016)
Under Title VII, “An unlawful employment practice based on disparate impact is established…only if…a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.” (Walsh, 2013-2016)
Analysis:
Beach Bum published its job advertisement only in Tri-Delta newsletters and other publications. The words “look good in bikini” can mean discrimination towards males that are interest and qualified for the position.
Beach Bum has only one non-Caucasian individual working for them and all but five of the employees are females.
The area has a diverse area with 20% Hispanic, 20% Black, 20% Asian, and 40% Caucasian, which is not reflected in its hiring practices.
The average age of Beach Bum is 21 years old.
Conclusion:
Beach Bum use of only newsletters and other publications by Tri-Delta has led to discriminatory hiring practices. The fact Beach Bum only has one non-Caucasian and all but five are women shows a pattern of discrimination against individual that are considered a protected class. Beach Bum needs to cease and desist these hiring practices and utilize an affirmation action plan that shows the diversity of the local population.
Problem Set Three:
Issue:
Beach Bum’s top candidates are asked to submit pictures. The Hoff looks at the pictures and selects candidates who he believes have the most talent for a swim test and a “personal interview” with the Hoff. During the interview process, applicants are tested for sexually transmitted diseases under a pre-employment inquiries. Beach Bum does require the lifeguards to have sexual relations with its patrons but it does know it occurs. Beach Bum does not want to the publicity associated with spreading STD’s.
Rule:
Under Title VII, “Employers should not directly inquire about protected class characteristics. Employers should not indirectly inquire about the protected class characteristics of job candidates. Employers should avoid questions about requirements or criteria that are not uniformly applied to job candidates. Employers should avoid questions about requirements that have a high probability of producing adverse impact.” (Walsh, 2013-2016)
In the case of Harrison v. Benchmark Electronics Huntsville, “In the pre-offer stage, which is at issue in this case, a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.…The language in the ADA prohibiting pre-employment medical inquiries does not limit coverage to applicants who are also qualified individuals with disabilities and we do not infer such a restriction.” (Walsh, 2013-2016)
Analysis:
The applicants are asked to submit a picture with application. The use of pictures to screen out candidates who the Hoff believes cannot complete the swim test.
The applicants are tested for sexually transmitted diseases.
Conclusion:
The use of pictures to screen applicants ability to complete a swim test is consider to be a way for an employer inquire about protected class. The fact that almost all of the employees of Beach Bum is Caucasian and all but five are females is telling of discriminatory hiring practices. The use of STDs test prior to employment is illegal pre-employment practice. David Walsh writes, “Employers must refrain from seeking medical information from all applicants, disabled or not. Medical inquires include questions about disabilities, medical and psychological conditions, medical histories, medications taken and workers’ compensation claims filed.” (Walsh, 2013-2016) Beach Bum is to cease and desist use of pictures and STDs pre-employment inquiry practices. Beach Bum is review past candidates they disqualified under these practices and interview them. Beach Bum is to utilize a relevant labor market report to determine the number of individuals of each race they are to have working for them.