Dunlap V. Tennessee Valley Authority Essay - 1065 Words

Dunlap v. Tennessee Valley Authority Joyce Harrison Business Employment Law May 11, 2011 1. What were the legal issues in this case? The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA.†¦show more content†¦3. Explain why the plaintiff’s disparate treatment claim succeeded. The disparate treatment doctrine requires a plaintiff to demonstrate that an employer has treated some people less favorably than others because of their race, color, religion, sex, or national origin. Three provisions required to prove disparate treatment are (1) the plaintiff must establish a prima facie case of racial discrimination; (2) the employer must articulate some legitimate, nondiscriminatory reason for its actions, and (3) the plaintiff must prove that the stated reason was in fact pretextual. Proof of discriminatory motive is critical and may be inferred from the mere fact of differences in treatment. Proof may also be inferred from the falsity of the employer’s explanation for the treatment, (Walsh, 2010). Mr. Dunlap successfully established a prima facie case of disparate treatment by meeting the above 3 provisions; (1) he was African-American; (2) he was qualified for the position sought; and (3) white applicants with less experience were hired for 9 of the 10 open jobs. TVA attempted to rebut his claim by offering the selection matrix used during his interview as evidence to prove that he didn’t rank as one of the top 10 applicants due to his interview scores. However, Mr. Dunlap was able to refute TVA’s claim by demonstrating that his matrix score was manipulated to keep him out of top 10, thus proving it was merely aShow MoreRelatedExploring Racial Discrimination in the Case, Dunlap v. Tennessee Valley Authority1095 Words   |  5 PagesThe case, Dunlap v. Tennessee Valley Authority, explores the issue of suspected racial discrimination associated with disparate treatment and disparate impact caused by the Tennessee Valley Authority (TVA) again st a qualified, experienced boilermaker and foreman that is African American. Questions for the court to evaluate regarding this case include: Is this a case of disparate treatment and/or impact and was the plaintiff, David Dunlap, subject to racial discrimination? Finally, did the TVA useRead MoreDeveloping Management Skills404131 Words   |  1617 PagesExercise 43 PART I 1 PERSONAL SKILLS 44 45 DEVELOPING SELF-AWARENESS SKILL ASSESSMENT 46 Diagnostic Surveys for Scale Self-Awareness 46 Self-Awareness Assessment 46 Emotional Intelligence Assessment 47 The Defining Issues Test 48 v Cognitive Style Indicator 52 Locus of Control Scale 52 Tolerance of Ambiguity Scale 54 Core Self-Evaluation Scale (CSES) 56 SKILL LEARNING 57 Key Dimensions of Self-Awareness 57 The Enigma of Self-Awareness 58 The Sensitive Line 58 Understanding