Case 8.7 Affirmative Action

The case 8.7 discusses whether the affirmative action program was enforced and whether it caused harm towards white employees. The court had to determine if the Board of Education of the Township of Piscataway violated the Title VII regulation when it made race a factor in choosing which employee they should terminate. Sharon Taxman, who is white and Debra Williams, who is black were two equally qualified employees who both begun working with the Board on the same day for nine years.
In 1975, the Board of Education had an affirmative action policy relevant to employment choices. The affirmative action policy didn't have "any remedial purpose." Black teachers were neither "underrepresented" or "underutilized" in the Piscataway School District.
The Board had struggles deciding between Taxman and Williams because of their equal level of employment and skills. The Board ends up breaking the tie through a "random process which included a drawing numbers out of a container, drawing lots or having a lottery." In order to determine which teacher to retain, the Superintendent of Schools Burton Edelchick suggests that the affirmative action plan is adduced.
The Board noticed that it was not required to apply the affirmative action policy. So, to break the tie between Willams and Taxman they made an optional decision to invoke the policy. In conclusion, the Board voted to terminate Sharon Taxman which was on June 30, 1988.
Taxman then filed a charge of employment discrimination with the Equal Employment Opportunity Commission and asserted claims under the New Jersey Law Against Discrimination and Title VII. After a trail which began on the issue of damages, Taxman was reemployed by the Board. The court also granted Taxman $134,014.62 for backpay, benefits, and prejudgment interest under Title VII. She also got $10,000 for emotional suffering under the NJLAD from the