Disparate Impact and Treatment by the Tva Research Paper

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DUNLAP V. TENNESSEE VALLEY AUTHORITY

Dunlap v. TVA

Dunlap v. Tennessee Valley Authority (2008)

Dunlap v. Tennessee Valley Authority (2008)

Explain why the plaintiff's disparate impact claim failed?

A claim of disparate impact implies that the employer (defendant) unintentionally discriminated against the job applicant (plaintiff) (Seiner, 2013, p. 287). Under Title VII, any hiring practice that is fair in form, but through its application is effectively discriminatory, is illegal (Dunlap v. Tennessee Valley Authority, 2008). The protected demographics under Title VII include racial minorities, religious minorities, and women. Mr. Dunlap's status as an African-American fulfills this requirement. In addition, the hiring practice must be unrelated to the open position and inconsistent with business necessity to be successfully challenged under Title VII. In other words, a claim of employment discrimination should provide evidence that the discriminatory practices were unrelated to the job and not required by the business. Mr. Dunlap sued the Tennessee Valley Authority (TVA) alleging disparate impact and treatment, the only two possible claims under Title VII for discriminatory hiring practices.

Proof of intent is not essential to a claim of disparate impact, only that the hiring practice disproportionately and adversely affected a protected group for reasons other than business necessity (Dunlap v. Tennessee Valley Authority, 2008). Supreme Court jurisprudence in disparate impact has established a three-part, burden-shifting test. The first part of this test requires the plaintiff to present a prima facie case of discrimination.

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If the justices agree that that the plaintiff may have been discriminated against based on the evidence presented, then the defendant is required to show that the discrimination resulting from the hiring practice was based on business necessity. The third and final part of the test requires the plaintiff to show that alternative hiring practices would have fulfilled the needs of the business without discriminating against a protected group.

The criteria cited by the appeals court for establishing a prima facie case of discrimination are the following: (1) clear identification of the discriminatory hiring practice and (2) a statistical analysis proving protected groups suffered adversely as a result (Dunlap v. Tennessee Valley Authority, 2008). Based on the evidence before the circuit judges it was unclear which employment practice represented the plaintiff's prima facie evidence, whether it was the hiring practice used in 2000 when Dunlap was ranked below the boilermakers hired or the hiring practices that had been in use system-wide by the TVA for decades. This lack of specificity, along with testimony relating only to the hiring of boilermakers in 2000, made it hard for the judges to conclude that a prima facie case of unintentional discrimination (disparate impact) had been adequately presented in the lower court. For this reason, the appeals court overturned the lower court's finding of disparate impact.

2. Explain why the.....

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