Animals R Us, a national retail pet supplies chain, uses employment tests which
ID: 451438 • Letter: A
Question
Animals R Us, a national retail pet supplies chain, uses employment tests which screens out a disproportionate number of Asian American women. Few Asian American women have ever been hired by the chain. Do you think a violation of an EEO law has occurred If yes, what law was violated Explain (why or why not). Jira owns a Thai restaurant called "Thai Pad." She has 12 employees and needs to hire a new one. She placed a sign in the window of the restaurant, in Thai, announcing that a waitress job was available. Willy (who is not Thai but enjoys eating Pad Thai), asked his friend to translate the sign; he then applied for the job. Jira told Willy that she will not accept his application. Do you think a violation of an EEO law has occurred If yes, what law was violated Explain (why or why not).Explanation / Answer
1. Animals-R-us a national pet retail supplies chain uses employment tests which screen out disproportionate number of Asian American women. But the detail about the job requirement is not clear therefore let’s assume that job doesn’t have any specific requirement to prove it business necessity or job related, in that case it is a clear violation of EEO law.
Because the governing EEO Laws states under Title VII of the Civil Rights Act of 1964 that it is prohibited any employment discrimination based on race, color, religion, sex, or national origin of the applicant
Further the title VII prohibits employers from using neutral tests or selection procedures that have the effect of disproportionately excluding persons based on race, color, religion, sex or national origin, where the tests or selection procedures are not job-related and consistent with business necessity. This kind of discrimination is known as is called disparate impact discrimination.
Further the disparate impact cases involve the following issues:
2. In the case of JIRA THAI PAD, as it is a Thai restaurant may be the employer needs a Thai speaking waitress and it is consistent with the job requirement or job-related and business necessity. Therefore it doesn’t violate the EEO law.
The title VII of EEO law state that If the selection procedure has a disparate impact based on race, color, religion, sex, or national origin, can the employer show that the selection procedure is job-related and consistent with business necessity.