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Case Analyses 3

Case Analyses: select TWO court cases and respond in writing to the case questions. The written analysis of both cases should be approximately 2-3 pages total; use parenthetical citations and a corresponding works cited list when referencing specific information from the text or other sources, and follow other prescribed guidelines for APA format.

EEOC v. Dial Corp.
1. What was the legal issue in this case? What did the court decide?
2. What is the evidence that use of the strength test disadvantaged women?
3. What is “content validity”? What is “criterion validity”? How did the employer attempt to show the validity of the strength test? Why was the court not convinced?
4. What should Dial do at this point
5. Do you agree with the court’s decision? Why or why not?

Dunlap v. Tennessee Valley Authority
1. What were the legal issues in this case? What did the appeals court decide?
2. Why did the plaintiff’s disparate (adverse) impact claim fail?
3. Why did the plaintiff’s disparate treatment claim succeed? What was the evidence that the employer’s reliance on interview scores was a pretext for race discrimination?
4. Do you agree with the decision? Why or why not?
5. What should the TVA have done differently with regard to interviewing and selecting candidates for these jobs?

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EEOC v. Dial Corp.

1. What was the legal issue in this case? What did the court decide?
The EEOC alleged that Dial Corp. had been discriminatory, on the basis of gender, in its screening of potential entry level employees for its sausage packing area – a Title VII violation of the Civil Rights Act. Because of the nature of work involved, and putatively in response to an increasing rate of injuries, Dial Corp. had instituted a “preemployment strength test”, the “Work Tolerance Screen (WTS)”; EEOC’s suit was brought on behalf of women applicants who had been denied employment based on their performance in the test. The district court had found in favor of EEOC, i.e. that the “strength test had an unlawful disparate impact on female applicants” (Walsh, p.185). The Circuit Court upheld the district court’s decision.

2. What is the evidence that use of the strength test disadvantaged women?
One major piece of the evidence that use of the strength test disadvantage women is the precipitous decline in the rate of women hires after he implementation of the WTS; prior to WTS, new hires for the relevant position were 46% women in the years immediately preceding implementation; this rate dropped to 15% post-WTS. The overall rate of men who passed the test was 97%; the rate was 38% for women. The Circuit Court, in its opinion, highlighted the massive statistical disparity in these rates; while a difference of 2-3 standard deviations is considered significant, the difference observed was in fact 10...

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