Dunlap V. Tennessee Valley Authority

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. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that TVA’s subjective hiring processes permitted racial bias against both Dunlap and other black applicants (Walsh, 2010). The Appeals Court affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court’s award of damages and fees to Mr. Dunlap (Walsh, 2010). 2. Explain why the plaintiff’s disparate (adverse) impact claim failed. 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. Under this theory, proof of discriminatory intent is not required. Although the district court concluded that TVA’s interview process had been manipulated to exclude African-American candidates in general, the court of appeals disagreed, citing the lack of statistical proof demonstrating that a protected group was adversely affected thus establishing a â€Å"prima facie† case. Mr. Dunlap couldn’t prove his claim by only challenging the process used in his own interview, thus the ruling was that the district court clearly erred in finding a prima facie case of disparate impact (FindLaw, 2011). 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 articula te 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 a ‘pretext’ way for TVA to hide discriminatory intent. Both courts noted that the increased weight given to the interview created a more subjective process and the lack of an objective evaluation of the interview questions allowed the alteration of scores to produce a racially biased result. Also, there was proof that some of the score sheets were changed as many as 70 times without evidence of any legitimate reason to support the revisions. The court of appeals concurred with the district court that due to the above irregularities, the hiring matrix score used by TVA for not hiring Mr. Dunlap was â€Å"unreliable† and that discrimination motivated the hiring committee’s decision-making. (FindLaw, 2010). 4. What should the TVA have done differently with regard to interviewing and selecting candidates for these jobs? The following reflect several provisions the TVA should have done with regard to interviewing and selecting candidates for the 10 jobs. First, TVA should have done everything within its power to ensure the selec tion committee didn’t consist of racist representatives which is a bad reflection on the company. TVA needed to ensure these people are very aware and adhere to the company’s hiring and discrimination policies. Second, these representatives should be very familiar with and adhere to TVA’s â€Å"Principles and Practices† on filling vacant positions, mandate that â€Å"merit and efficiency form the basis for selection of job candidates,† stating that â€Å"education, training, experience, ability, and previous work performance serve as a basis for appraisal of merit and efficiency† (Walsh, 2010). The committee should also have adhered to the Cumberland plant HR Director’s e-mail that explicitly stated that interviewers should not award points for being a â€Å"diversity candidate† and â€Å"it is really important up front before your interviews start to have a definition of what ‘Outstanding,’ ‘Well-Qualified,’ and ‘Qualified’ is. This needs to be documented and dated before the interview process starts† (Walsh, 2010). The district court found the interviewers placed candidates in these categories after the interviews and ranking had been completed. In turn, this ensured the number of â€Å"Outstanding† applicants equaled the ‘exact’ number of job openings and their candidates of choice were in the top 10 group. As a result, TVA should ensure a legitimate matrix is developed for scoring purposes and not be manipulated for preferred results. Finally, TVA should screen their HR representatives very carefully prior to hiring; provide initial ethics and discrimination training and on an ongoing basis to ensure current laws are followed.ReferencesFindLaw (2011). US court of appeals sixth circuit. Retrieved fromhttp://caselaw.findlaw.com/us-6th-circuit/1092121.htmlUnited States Court of Appeals (March 21, 2008). Appeal from the United States District Court for the middle district of tennessee at nashville. No. 04-00045. Retrieved from http://www.ca6.uscourts.gov/opinions.pdf/08a0121p-06.pdf Walsh, D. J. (2010). Employment law for human resource practice: 2010 custom edition (3rd ed.). Mason, OH: South-Western Cengage Learning   Dunlap v. Tennessee Valley Authority The Title VII of the Civil Rights Act protects individuals against employment discrimination on the bases of color, as well as national origin, sex, religion. This law applies to any employers with 15 or more employees including the local state, government, employment agencies, labor organizations and federal government jobs. David Dunlap a fifty-two black male who worked as a boil maker for twenty years has perform numerous of jobs for Tennessee Valley Authority and decided to interview for one of the ten position that TVA had available at the Cumberland facility.The district court found that Dunlap was subject to discrimination under both disparate impact and disparate treatment theories. After analyzing both the disparate impact and the disparate treatment the disparate impact claim had failed due to the lack of evidence that Dunlap could provide to support his case, but he had enough evidence from the interview process to prove that the disparate treatment theory would help him t o win his case against Tennessee Valley Authority. Explain why the plaintiff’s disparate (adverse) impact claim fail?â€Å"The disparate impact theory requires a plaintiff to demonstrate that a facially neutral employment practice falls more harshly on one group than another and practice is not justified by business necessity. † With this â€Å"claim the plaintiffs most identify a specific employment practice to be challenged also through relevant statistical analysis proves that the challenged practice has an adverse on the protected group. † With the decision to hire only a certain amount of people to join the Tennessee Valley Authority Dunlap figured that he had a great chance of being a candidate due to the years that he have invested with the company.â€Å"Dunlap did not present evidence that the practice can show that a protected group was adversely impacted. † Since he could not prove his claim by challenging the process used in his own interview t he courts decided that the disparate impact claim would not be enough sufficient evidence to use against Tennessee Valley Authority. Explain why the plaintiff’s disparate treatment claim succeed? Dunlap succeeded with disparate treatment because he had efficient evidence (examples) to show the district court. The examples that he shared showed how he was treated within the interview process.Within the disparate treatment claim the plaintiff must be able to, â€Å"establish a prima facie case of racial discrimination; (2) the employer must articulate some legitimate, nondiscrimatory reason for its actions; and (3) the plaintiff must prove that the stated reason was in fact pretextual. † One of the examples that were used was that Dunlap received a 3. 7 for reporting missing some days off, but two other candidates received a 4. 2 and 5. 5 when they shouldn’t have received a better score than him. They also gave Dunlap a 4 on his safety record, even though he had a perfect score.Two of the candidates had two accidents in eleven years and they both received higher scores than Dunlap. He also talked about how he ranked 14 and they were split into three groups outstanding, qualified and well- qualified. The ten candidates were all chosen to have one of the positions. There were also emails to support some of the evidence Dunlap had. I think being able to prove the three requirements was why the plaintiff was successful. He was able to us examples that really supported him; the emails also helped him to be successful.The emails showed proof of discrimination amongst all candidates. What should the TVA have done differently with regard to interviewing and selecting candidates for these jobs? Due to this company being one of the hardest companies to get employed with, the Human Resource team should have first met up with each other to come up with characteristics that they would want each candidate to display to help the company be more of an asset our society. Secondly, I think that the Tennessee Valley Authority should have really sat down and analyze each candidate that was applying for the ten positions.With this company only have a select ten positions available the hiring managers should have been very specific with the candidates that should be chosen. They should have compared and contrasts the advantages and disadvantages of each candidate upon calling them to set up an interview. They should have taken some time to look at each application to cross out the ones that did not meet the characteristic that were initially brought about. Race should not have ever been a factor and seeking candidates to fill all ten open positions.Regardless of anyone’s race the job still has to be completed. Everyone should have been given a fair chance for any position available. They could have also given everyone a trial period to let their performance speak for itself. I think that each candidate should have been given a fair o pportunity to be rewarded with a job with Tennessee Valley Authority. So many companies try to use and abuse you as long as you will let them; Dunlap felt that he had an equal chance to get hired on with this company in which he had been working as temp for a long period of time.In conclusion, I really enjoyed reading the Dunlap vs. Tennessee Valley Authority legal case. This case shows me that sometimes the things that you want may not be the things that you really want to deal with. It also display the courageous to stand up for what is right. Although Dunlap knew that he had a great chance of being hired through Tennessee Valley Authority when he did not receive the position he knew that something had to be wrong. We as people do not think that your race plays a major part in receiving a job and although it is not right sometimes it does.Dunlap did a great job sharing the examples of the things that happen to him during the interview selection process. Even though the things that went on throughout the interview process were not right, he was able to show them that they were wrong. I am glad that he did not get discourage about pursuing the issue of being discriminated against. No matter what kind of case it may be the plaintiffs always have the burden of proof, which means it is up to the plaintiff to prove their case. Dunlap did just that!

Animal Rights: Pros and Cons of Animal Experiments

Animal rightsPros and cons of animal experiments Personaly I don't think that there are many pros about this subject, but I've written down a few. Pros: There are vaccines for most of the diseases. Like the ones you'll recive when you're an infant, wich are very important. If you have a deadly disease, like cancer for example, you can prolong your life for years, if you discover it early enough. Thanks to the science and research with animals. In some cases you can also help sick animals by doing tests on them.In my opinion there are more cons. To some lenght I do agree with animalactivists when they say that †we† kill the animals for no reason what so ever, but at the same time I don't think they realize that it's thanks to this that many of them are alive today. This is what I think. Cons: They do many unneccessary tests over and over even though it already exists workable vaccines. Then they simply make the animals suffer. Why do certain when they know that animals rea ct diffrently from humans?Some doctors only does the tests to rise in their position, to get better paid. They would go so far as giving the monkeys a cigarette, to get cancer, just so they can do tests on it! Some of the medicins isn't even legas or at least not recognized by WHO. So they have done som painful and cruel tests on the animals for their own gain. Cosmetics that are tested on animals doesn't have to be done. They're not the ones who will use it in the end anyway, test it on us humans instead! Or is the makeup ingredients so dangerous that you get permenantly damaged?

Inquire At Amos Giles Distillery Essay - 1756 Words

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Drug Usage And Its Effects On America - 1326 Words

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American Imperialism And Expansion Of America Essay

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Ascent Essay Example For Students

Ascent Essay During high school, two friends and I decided to try and backpack all over thecountry. Andrew, Jeff, and I took trips to places like the Grand Canyon, SantaFe, and the Buffalo River. After each trip the three of us would say, wevegot to go somewhere better, more challenging. So during the spring break ofmy junior year we decided to pack the Wet Mountains in Colorado. We planned thetrip for weeks, calling the ranger station, checking weather conditions, andplanning out meals for the trip. We knew the trail would be a little moredifficult than anything we had done before, would, but we never conceived of St. Charles Peak being too challenging. We started out about six in the morning forthe long drive to Rye, the town just at the base of the Wet Mountains. The tripto Rye went pretty well, except for a few miscalculated map readings and acouple close calls with the low fuel light. When we finally made it to Ryewe made camp about three miles from the trailhead so we could get a good nightsleep and start out early the next mourning. While we were sleeping a huge stormmoved in and stacked good eight to ten inches of snow on the whole north side ofthe mountain. The next morning Andrew yelled from outside the tents hey guysyouve got to take a look at this. Thinking a raccoon rummaged through ourpacks looking for food, I slowly crawled through the tent door and looked inastonishment at the white blanket covering the mountainside. This is going tobe a hell of a trip, Andrew said slowly sipping his cup of steaming coffee. This couldnt be happening, I thought. We had checked the weatherforecast at least four times before we left, and each time they said there wasno chance of snow. After contemplating whether or not to continue our climb tothe summit, we all decided that we couldnt turn back now. We only have aday and a half hike; it cant be that bad, I said, convincing Andrew andJeff that they had made the right decision. To this day I still dont know ifwe did the right thing, trying to reach the summit of St. Charles Peak. Trudgingthrough knee high snow trying to find the trail, we decided to pull out thecompass. Because no one wanted to be responsible for getting us lost, we had todecide which one of us had the most experience using a compass. Since thecompass was mine, they figured that I knew how to use it the best. Not wantingto swallow my pride, I pulled out the map and tried to figure out where we were. When we finally had an idea of our whereabouts, we started up the mountainlooking for the next trail marker. After about four or five hours of hiking,fatigue started setting in. Our feet became colder from the melting snow seepinginto our boots, which made each step seem to get tougher and tougher. Guys, Icant feel my toes. Im being serious, I really cant feel them, Jeffkept saying, each time a little more serious. We finally found a clump of rocksthat was out of the snow, so the three of us stopped and made lunch to keep ourenergy up. While we were eating our macaroni and cheese, we noticed a few stormclouds beginning to roll in. Thinking it couldnt be any worse than it alreadywas, we moved on up the north face. The higher in elevation we went, the deeperthe snow kept getting. Now plowing our way through waist high snow, our feetgrowing colder with each step, we finally decided to make camp for the night. Tosetup our tents on the sloping mountainside we had to carve out about a ten- footby ten-foot level square in the snow using our dinner plates. As soon as we gotour tents set up the overhead storm clouds began spitting frozen rain and snow. .ufd61baa46c3981de4bebc259d34c570f , .ufd61baa46c3981de4bebc259d34c570f .postImageUrl , .ufd61baa46c3981de4bebc259d34c570f .centered-text-area { min-height: 80px; position: relative; } .ufd61baa46c3981de4bebc259d34c570f , .ufd61baa46c3981de4bebc259d34c570f:hover , .ufd61baa46c3981de4bebc259d34c570f:visited , .ufd61baa46c3981de4bebc259d34c570f:active { border:0!important; } .ufd61baa46c3981de4bebc259d34c570f .clearfix:after { content: ""; display: table; clear: both; } .ufd61baa46c3981de4bebc259d34c570f { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ufd61baa46c3981de4bebc259d34c570f:active , .ufd61baa46c3981de4bebc259d34c570f:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ufd61baa46c3981de4bebc259d34c570f .centered-text-area { width: 100%; position: relative ; } .ufd61baa46c3981de4bebc259d34c570f .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ufd61baa46c3981de4bebc259d34c570f .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ufd61baa46c3981de4bebc259d34c570f .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ufd61baa46c3981de4bebc259d34c570f:hover .ctaButton { background-color: #34495E!important; } .ufd61baa46c3981de4bebc259d34c570f .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ufd61baa46c3981de4bebc259d34c570f .ufd61baa46c3981de4bebc259d34c570f-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ufd61baa46c3981de4bebc259d34c570f:after { content: ""; display: block; clear: both; } READ: The Atomic Bomb EssayWe jumped in the tents and decided to call it a night. During the night thetemperature dropped to what felt like 20 degrees. Afraid we might gethypothermia from the extreme cold and lack of energy, we stayed up all nighttalking from tent to tent trying to keep each other awake. Luckily, we made itthrough the night. We decided to get up early and hike when the snow was stillfrozen so that we could walk on top instead of sinking in with every step. Wegot up early and ate oatmeal and breakfast bars. I dont know if it wasbecause of the lack of sleep or just because I was so hungry, but that wasprobably one of the best breakfasts, I have ever eaten. After b reakfast wepacked up and took off for the short two-mile hike to the summit. We started outpretty well, but our 30-pound packs now felt like we were carrying small cars onour backs. The three of us slowly trudged up the white mountainside with thegoal to summit before sunset. After about an hour, and close to 200 yards fromthe peak, we decided to drop our packs and scramble for the summit. When wefinally made it to the peak we could see for miles in every direction, andcouldnt hear anything except for the wind whipping by our ears. I canremember feeling like all the coldness had left my body, and I was as warm as ifI was sitting in front of the fireplace at the cabin. I have never felt agreater sense of accomplishment in my life. When we finally made it back toTulsa, we found that each of us had a slight case of frostbite, and sufferedfrom exhaustion. This trip taught me many valuable lessons. One of the mostimportant is to always be prepared. Another thing I learned is how true fri endswill stick by one another through anything, no matter what.

Treasure Island Essays (976 words) - English-language Films

Treasure Island There is an old crippled man knocking at the Admiral Benbow Inn. He calls himself Captain Billy Bones. He lives in fear of a one-legged man, because Billy Bones has a map in his suitcase that the one-legged man wants. But, Billy Bones doesn't know that the one-legged man, Captain Flint, has died. One day a blind beggar named "Blind Pew" comes to see Billy Bones at the Inn and gives him the "Black Spot", a mark of immediate death between pirate crews. Billy Bones gives Jim Hawkins, the owner of the Inns' son, a key to the suitcase before he dies. Jim is fourteen years old and in very good shape. Jim takes the suitcase to Dr. Livesey, a smart young man in his mid thirties, and Squire Trelawney, an old rich man who lives very lavishly and pampered. They open the suitcase and find a map that belonged to Captain Flint, who is the most popular dead pirate around. The Doctor and Squire decide to hunt for the treasure and ask Jim to come along. The squire buys a ship that they had to have built and named it the Hispaniola. They hire Captain Smollert, Long John Silver the cook, and the rest of the boats crew to sail the ship. The ship sets off from England for an island in the Caribbean. The night before they get to the island, Jim overhears Silver and a few of the other ship hands talking about taking over the Hispaniola to find the map. Jim relays the information back to the Doctor, Squire and the Captain. Captain Smollert sends the crew to the island the next morning and Jim decides to go too. When Jim gets to the island he meets Ben Gunn. Ben has been stranded on the island for three years. Ben tells Jim about a boat that Ben made incase he needed it. When Dr. Livesey, Squire Trelawney, and Captain Smollert get to the island they find an old stockade. When the crew finds out that their plan for mutiny has been told, they start to attack the stockade. Captain Smollert is shot in the shoulder and injured pretty bad. The Doctor and Squire end up killing most of the pirates. Jim set off for the Hispaniola in the small boat that Ben Gunn made. Jim wanted to get the Hispaniola closer to the stockade. A pirate is able to get onto the Hispaniola and Jim has to fight him off. Jim gets the boat where he wants it and returns back to the stockade. When he gets back to the stockade, he is captured by Long John Silver and forced to give up the map. Who will find the treasure first? Will it be Long John Silver and the pirates, or will it be the Doctor, Squire, Jim and the Captain? Read Treasure Island to find out! The main idea that Robert Louis Stevenson made in Treasure Island was how "good" wins over "evil", using strategies and tactics to defeat the pirates. For example, the good characters, Jim Hawkins and Dr. Livesey, took cover in a high ground stockade when the pirates attacked. Good ends up winning the battle at the stockade. Another example of good and evil is when it is discovered where the treasure map may be. Long John Silver hands Jim a gun because he knows a fight is about to happen. All of a sudden, Dr. Livesey, Ben Gunn and Squire Trelawney open fire from the forest and kill a pirate and the other pirates run away because they are scared. The pirates are left on the island without many supplies, since this is the outlaw's code of honor as their punishment. "The Attack" was the climax of the story and was the most exciting part. It was dramatic and suspenseful. "The Attack" was when the good characters fought the pirates for the map of the treasure. On pages 178-179 in Chapter 21, "The Attack" is described like this: "So some seconds passed, till suddenly Joyce whipped up his musket and fired. The report had scarcely died away ere it was repeated and repeated from without in a scattering volley, shot behind shot, like a string of geese, from every side of the enclosure. Several bullets struck the log-house, but not one entered; and, as the smoke cleared away and vanished, the stockade and the woods around it looked as quiet and empty as before. Not a bough waved, not the gleam of a