In the case of Dunlap VS Tennessee Valley Authority, the legal issue that was presented was discrimination, disparate treatment and disparate impact. According to the EEOC, race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion. The Title VII of the Civil Rights Act of 1964 protects workers from discrimination, and when it comes to the case, discrimination was seen in many ways.
For starters, when it came to the interviewing process, there were 5 white officials and 1 black which showed that the room was not balance. Next, when it came to the scoring, he received lower scores than the whites. The next issue that showed discrimination was when it came to the attendance record of the workers. Two of the workers who were Caucasian, had the same attendance as Dunlap, and they received a better ranking. Also, Dunlap had a perfect safety record and received a score of a 4; while a white applicant who was at the job for eleven, had 2 accidents within those years and received a score of …show more content…
The disparate impact theory requires a plaintiff to demonstrate that an apparently neutral employment practice affects one group more harshly than another and that the practice is not justified by business necessity. A prima face case is established when the plaintiff identifies a specific employment practice to be challenged; and through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group. When it comes to the case, discrimination was seen, but never affects more than one