Case Study on "Disparate Impact Disparate Treatment"
Case Study 3 pages (1297 words) Sources: 1+
[EXCERPT] . . . .
Disparate Impact/Disparate Treatment case StudySmith v. City of Jackson
The City of Jackson, Mississippi adopted a revised pay plan granting raises to all city employees in the Police and Fire Departments. Under the revised plan, officers and dispatchers with fewer than five years tenure received proportionately greater raises than employees who had more than five years tenure. Azel Smith and twenty-nine other police department employees over the age of 40 sued Jackson, Mississippi, and the city police department in federal district court pursuant to the Age Discrimination in Employment Act (ADEA). The Plaintiffs made two claims: (1) disparate treatment, i.e., the pay plan was intentionally discriminatory; and (2) disparate impact, i.e., the pay plan was unintentionally discriminatory. The trial court ruled for city on both claims. The Fifth Circuit Court of Appeals compared the text of the ADEA to Title VII, noting that 623(f)(1) of the ADEA allows employers to escape liability if the adverse employment action is "based on reasonable factors other than age." The court found that this provision is a "clear textual difference" between the ADEA and Title VII. When considered with the whole text of the ADEA and the legislative intent, the Fifth Circuit determined that the ADEA was not intended to cover disparate effects claims and affirmed the trial court. The Supreme Court had previously held that disparate impact claims may be brought under Title VII, but had not yet determined whether disparate impact claims can be brought under the ADEA.
The question presented was whether a disparate impact claim, a claim alleging unintentional discrimination, can be
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Though the decision favoring the city was unanimous, it is misleading because the key question before the Court was resolved 5-4 in favor of the position argued by Smith; namely that disparate impact matters in age discrimination cases. While allowing disparate impact age cases, the Court also held that the scope of liability in age cases is narrower than under Title VII, and that practices that are based on reasonable factors other than age are lawful despite adverse impact. The plurality read EEOC regulations as consistently interpreting the ADEA to authorize recovery under a disparate-impact theory. When the employee alleges discrimination, the employer proffers a nondiscriminatory reason for its action, and the employee must show that is simply not reasonable.
Jespersen v. Harrah's
Darlene Jespersen was a bartender at Harrah's Reno for nearly 20 years. One thing upon which everyone agrees is that she was a really good bartender. Her supervisors commented that she was "highly effective," that her attitude was "very positive," and that she made a "positive impression" on Harrah's guests. Harrah's customers repeatedly praised Jespersen on employee feedback forms. In February of 2000, Harrah's, in its Beverage Department, initiated its "Personal Best" program and forced it… READ MORE
Quoted Instructions for "Disparate Impact Disparate Treatment" Assignment:
Disparate Impact/Disparate Treatment Case Study
Find a case that illustrates disparate impact and a different case that illustrates disparate treatment. Prepare a 700-1,050-word case study for each case. Include the following components in each case study:
a. A brief description of the relevant facts
b. The ruling and reasoning of the court
c. The specific implications of the ruling for your employment environment
d. Appropriate case citation
How to Reference "Disparate Impact Disparate Treatment" Case Study in a Bibliography
“Disparate Impact Disparate Treatment.” A1-TermPaper.com, 2005, https://www.a1-termpaper.com/topics/essay/disparate-impact-treatment/453543. Accessed 29 Jun 2024.
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