Key EEO Cases Kenneth M. York School of Business Administration Oakland University.

Key EEO Cases

Kenneth M. York

School of Business Administration

Oakland University

2ORG434: Advanced HRM

Griggs v. Duke Power (1971)

Facts of the caseBlacks in one department only, lowest payingWhites in other departmentsAfter CRA64 company started new promotion

system, to get promoted: High school diploma Pass Wonderlic and Bennett Mechanical Aptitude

Test


Griggs v. Duke Power (1971)

Supreme Court rulingEmployer violated Title VII because neither

the tests nor the high school diploma were shown to be job related, and both requirements had adverse impact on blacks

White employees promoted before the new promotion system were satisfactory performers

There was evidence of past discrimination, new promotion system did not change that


Albemarle Paper Company v. Moody (1975) Facts of the case

Blacks in one department only, lowest paying Whites in other departments Company reorganized itself in 1968, to get promoted:

High school diploma Pass Wonderlic and Revised Beta

Company did a validation study, using concurrent test validation strategy

Almost all who took the tests were white


Albemarle Paper Company v. Moody (1975) Supreme Court ruling

Judicial remedy is to make injured parties whole, backpay is appropriate remedy

If employer shows the tests with adverse impact are job-related, plaintiff must show another selection device would serve the employer’s interest without adverse impact

Validation study was inadequate


Hazelwood v. U.S. (1977)

Facts of the caseHazelwood is a rural Missouri school districtSchool principal had unlimited discretion in

hiring teachersComplaint is discrimination in hiring teachers

15.4% of area teachers were black 1.8% of Hazelwood teachers were black 2.0% of Hazelwood students were black


Hazelwood v. U.S. (1977)

Supreme Court rulingThe proper statistical comparison is between

the racial composition of Hazelwood’s teaching staff and qualified public school teacher population in the relevant labor market, not the student population

Statistical disparity between qualified black teachers in labormarket and Hazelwood staff is prima facie case of race discrimination


Connecticut v. Teal (1982)

Facts of the case To get promoted to Welfare Eligibility Supervisor,

must pass a test 54% of Blacks passed, 80% of Whites passed AIR=.54/.80=.68

But test was one part of multi-part selection process, actually promoted

23.9% of Blacks promoted, 13.5% of Whites promoted Bottom line favored Blacks


Connecticut v. Teal (1982)

Supreme Court ruling Bottom line is not a defense, if one component of a

multi-part selection process has adverse impact, the process has adverse impact

Any test that has discriminatory impact violates CRA64

Title VII does not permit a victim of a discriminatory policy to be told that he has not been wronged because other people of his race or sex were hired

Most confusing case


Coleman v. Wayne State University (1987) The facts of the case

Black full professor at WSU College of Nursing claimed race discrimination in pay, sought backpay

Salary was consistently lower than white full professors 1978-1985

To demonstrate adverse impact, must show Discriminated against because of her race, and Individually suffered as part of a pattern or practice that

affected other Blacks in the College


Coleman v. Wayne State University (1987)

Binomial test (z-test) Shows salary more than 2 SD’s less than mean full professor’s

salary in 1978, 1983, 1984, 1986 Judgment shows judge relied heavily on this analysis

Partial correlations Race and salary should not be correlated Partial out other variables know to be related to salary

Year-hired—salary compression Rank—full paid more than associate, associate more than assistant Year—inflation Salary & race across all ranks, r = .10, p=.05 Salary & race, partial out year-hired, rank, year, r = .20, p = .001 Salary & race, partial year, year hired, full professors only, r = .54, p

= .01


Coleman v. Wayne State University (1987) District Court ruling

The discrepancy in salary was based upon illegal discriminatory criteria

Unbelievable that a person with her academic record would be paid so much less than her peers

McArthur awarded salary equal to average salary for white full professors, across all the years (about $150,000 plus benefits)


Johnson v. Transportation Agency, Santa Clara City, California (1987) Facts of the case

In 1978 SCCTA created an Affirmative Action Plan to get more women in skilled crafts, road dispatcher, and other jobs

In 1979, a vacancy for Road Dispatcher brought 12 applicants, 9 were qualified and interviewed, 7 got second interview, scores

Unidentified male=80 Johnson=75 Unidentified male=74 Joyce=73

Panel of SCCTA supervisors recommended…Johnson County coordinator for Affirmative Action promoted Joyce


Johnson v. Transportation Agency, Santa Clara City, California (1987) Supreme Court ruling

SCCTA’s AAP is a moderate, flexible, case-by-case approach to gradually improving the representation of minorities and women in their workforce in underrepresented jobs

Sex can be considered as one factor in judging among qualified applicants


Johnson v. Transportation Agency, Santa Clara City, California (1987)

The Road Dispatcher job required a minimum of 4 years of dispatch or road maintenance work experience for Santa Clara County

Joyce worked as road maintenance worker for Santa Clara County 1975-1979

Johnson worked as road maintenance worker for Santa Clara County 1977-1979

Joyce applied for road dispatcher position in 1974 but was considered ineligible


Price Waterhouse v. Hopkins (1989) Facts of the case

Hopkins was a senior manager, got $25 million contract with Department of State, brought in $40 million in new business, more than any other candidate for partnership

Was proposed for partnership in 1982 (only woman), put on hold for reconsideration following year

622 partners, 7 women Was not re-proposed for partnership in 1983, Hopkins

resigned


Price Waterhouse v. Hopkins (1989) Supreme Court ruling

There were mixed motives for denying partnership, legitimate and illegitimate

Clients praised her, staff said she lacked interpersonal skills

Some partners reacted negatively to her, judgments influenced by sex stereotyping

Awarded partnership at Price Waterhouse, and $350,000 in back pay


Harmer v. Virginia Electric & Power Co. (1993) Facts of the case

Harmer suffered from bronchial asthma, aggravated by tobacco smoke from nearby workers, requested VE&P eliminate smoke-filled air in his working environment

VP&E took various steps, virtual ban on smoking in all its facilities

Harmer sued under ADA for an injunction against all smoking


Harmer v. Virginia Electric & Power Co. (1993) District Court ruling

ADA protects Harmer from discrimination due to his disability

But not entitled to a complete smoking ban as a reasonable accommodation to his disability, not entitled to absolute accommodation


EEOC v. Liggett & Meyers, Inc. (1982) Facts of the case

After Gfeller was appointed director of sales, the company began an intensive program of personnel changes

All of the region managers were over 40 years old, all replaced by younger people

Gardiner (46) was told he was “too old for the job” D’Erasmo (27) was “just the type of young man

needed”


EEOC v. Liggett & Meyers, Inc. (1982) District Court ruling

Overwhelming evidence of discriminatory attitude on age

Although other factors may have been considered, age was one of the determining factors

The violations of the company were willful Double damages to more than 100 employees

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Key EEO Cases Kenneth M. York School of Business Administration Oakland University.

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