Jamie Best, a black female, applied for a management position in Ames Department Stores in Seattle. After completing her application and two interviews, she was asked to take a math test and a general aptitude test. As a result of her score, she was disqualified from consideration for the management job. Argue whether you believe that this testing policy is a violation of Title VII and what is required, given your understanding of the chapter reading, when testing potential employees for a job. Explain how Title VII protects employees in the workplace and how tests are validated.
How Title VII protects employees in the workplace
Full Answer Section
n Jamie Best's case, the math test and general aptitude test were not job-related. The job of manager at Ames Department Stores does not require the ability to score highly on a math test or a general aptitude test. In fact, the EEOC has found that these types of tests are often biased against women and minorities.
The math test and general aptitude test also had a disparate impact on Jamie Best. The tests were more likely to disqualify women and minorities than white men. This is because women and minorities are more likely to have lower scores on these types of tests.
As a result, Ames Department Stores' testing policy is a violation of Title VII. The company cannot use these tests to disqualify Jamie Best from consideration for the management job.
Title VII protects employees in the workplace by prohibiting employment discrimination on the basis of race, color, religion, sex, and national origin. Title VII also requires employers to take steps to prevent discrimination in the workplace. This includes providing equal employment opportunities to all employees and prohibiting harassment based on protected class status.
Tests can be validated by showing that they are job-related and consistent with business necessity. This can be done by conducting a job analysis to identify the essential job functions and then showing that the test measures the skills and abilities necessary to perform those functions. The test must also be shown to be fair and not have a disparate impact on members of a protected class.
Sample Answer
Yes, I believe that Ames Department Stores' testing policy is a violation of Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. In this case, Jamie Best was discriminated against on the basis of her race and sex.
The Equal Employment Opportunity Commission (EEOC) has stated that employment tests must be job-related and consistent with business necessity. This means that the test must be necessary for the job in question and that it must not have a disparate impact on members of a protected class.