What are the elements
of a prima facie case of discrimination, under Title VII? If the employee is
successful of showing a prima facie case, what are the steps that follow?
Elements of a prima
facie case of discrimination under Title VII are setting standards that would
disqualify certain genders, races or age groups from performing certain jobs.
This would also protect them from not receiving promotions, with similar qualifications
that can be met. These allegations are set to be seen with at first glance. In
order to set proceedings for a prima facie case the employee filing the law
suit needs to meet these qualifications:
1.
The employee is in a
protected class (based on race, gender, and so on).
2.
The employee was
qualified for the position. For example, an applicant who wasn't hired would
have to show that he met the requirements for the job; an employee who was
fired would have to show that she was performing the job adequately and meeting
the employer's expectations.
3.
The employee was
rejected for the position -- in other words, the applicants was not hired, or
the employee was not promoted or was fired.
4.
An employee outside of
the protected class was selected for the position, or the employer continued to
look for candidates. For example, an employee who claims she was not promoted
because she was a women could show that a man was promoted instead, or that the
company continued to look for internal candidates after rejecting
her. (Guerin, 2012).
Once the employee has made its claim, “the employer must then show the
challenged practice is “related to safe and efficient job performance and is
consistent with business necessity” (Cihon, 2014). “Once the employer presents
its evidence, the employee has an opportunity to prove that it's a pretext --
in other words, that the employer's explanation is inaccurate, and is masking
the employer's true discriminatory motive” (2012). If the employer can prove
that the decision not to promote, fire, or hire an employee was based on
reasonable work habits and in no way discriminating, they would ultimately win
their case. The employee has to try to rebuttal that argument proving that is
just a cover up for their true meaning behind the decision if they are fighting
against discrimination.
The book demonstrates a case of firefighter applicants not meeting the height
and weight requirements of the position.
Questions:
1.
Would it be lawful to eliminate those
applicants right away, or should they be allowed to move on for further
testing?
2.
Is it safe to say no one can determine ones
full potential without performing the job?
3.
How would an employer go about protecting
themselves from prima facie cases?
4.
If the employee was successful at winning
their case, what type of working environment do you think this creates?
Cihon, P. J. (2014). Employment
and Labor Law 8th ed. . Mason: South-Western Cengage Learning .
Guerin, L. (2012). What's a Prima Facie
Case of Discrimination Under Title VII? Retrieved from employmentlawfirms:
http://www.employmentlawfirms.com/resources/employment/discrimination/prima-facie-title-vii
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