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  • Essay / Exploration of racial discrimination in the case of Dunlap v....

    The case of Dunlap v. Tennessee Valley Authority explores the issue of alleged racial discrimination associated with disparate treatment and disparate impact caused by the Tennessee Valley Authority (TVA) against a qualified and experienced African American boilermaker and foreman. The questions the court must evaluate regarding this case are: Is this a case of disparate treatment and/or impact and was the plaintiff, David Dunlap, the victim of racial discrimination? Finally, did TVA use personal hiring practices that allowed racial bias in the interview process? What are the legal issues in this case? The 6th Circuit Court needed to determine whether the plaintiff, David Dunlap, had met the burden of proof. that his former employer, the Tennessee Valley Authority (TVA), was liable under Title VII of the Civil Rights Act of 1964 for willfully discriminating against his employer based on both disparate impact analyzes and treatment disparate. David Dunlap, a 52-year-old African American with 25 years of boilermaking experience, including 15 years of experience as a foreman, filed a Title VII lawsuit alleging racial discrimination by TVA after being examined after an interview for positions within TVA. The district court recognized that "Dunlap was discriminated against due to both disparate treatment and disparate impact analyses, concluding that TVA's subjective hiring processes permitted racial bias on the job." against Dunlap and other black candidates” (Walsh, 2010). The case was heard by the 6th District Court of Appeal and that court "affirmed the disparate treatment claim, reversed the disparate impact claim, and affirmed the district court's award of damages to Mr. Dunlap" (Walsh, ..... middle of paper ...... evidence, the committee should have adhered to the correspondence from the human resources director of the Cumberland plant which clearly indicated that the interviewers did not Shouldn't award points to candidates for being a "diversity candidate" and "that's really important" up front, before your interviews begin, have a definition of what "Outstanding" is. , “Well Qualified” and “Qualified.” This must be documented and dated before the interview process begins” (Walsh, 2010). ensured that the number of “outstanding” candidates was equal to the “correct” number of job offers and that the candidates of their choice were in the top 10. Accordingly, TVA should ensure that a legitimate matrix is ​​developed for scoring purposes and is not manipulated to achieve desired results..