To be hired for one of the higher paying jobs at an electric utility, new employees were required to have a high school diploma  and to achieve satisfactory scores

higher paying jobs

To be hired for one of the higher paying jobs at an electric utility, new employees were required to have a high school diploma  and to achieve satisfactory scores on two professionally prepared aptitude tests.  Several black applicants were rejected because they had neither.  They filed charges of racial discrimination.

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YOU BE THE JUDGE, WAS THERE ILLEGAL DISCRIMINATION?

ANSWER:  (Griggs vs. Duke Power, 1971;  Civil Rights Act of 1991)

CASE 2:        An airline refused to hire a black applicant into its pilot training program because he did not have a college degree and did not meet the minimum flight time requirement that the airline established for its pilot trainees.  The airline was charged with racial discrimination.

WAS THIS A LEGITIMATE CLAIM OF RACIAL DISCRIMINATION?

ANSWER:  (Spurlock vs. United Airlines, 1972)

                                                        SEX DISCRIMINATION:

CASE 3:        An airline refused to hire men as flight attendants.  When challenged in court by a male applicant, the airline pointed to Section 703 of Title VII and claimed that sex was a BFOQ for the position of flight attendant.  As evidence, the airline offered the following:

1. Passenger Preference:  surveys showed that passengers preferred women to                              men as cabin attendants.
2. Psychological Needs:  A clinical psychologist testified that women, simply                               because they were women, could provide comfort and reassurance to                                              passengers better than men could.
3. Feasibility:  An industrial psychologist testified that sex was the best                                         practicable screening device to use in determining whom to hire for the                                           position.

IS SEX A BFOQ FOR THE POSITION OF FLIGHT ATTENDANT?

ANSWER:  (Diaz vs. Pan American Airlines, 1970)

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