Tanglewood Case 5

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Disparate Impact
In evaluating the recruiting and hiring practices of Tanglewood for a potential disparate impact claim, we need to look at the historical flow and concentration statistics to see if there is an adverse impact possibility. A flow statistic is when we analyze applicants to actual people selected to be hired. The concentration statistic, analyzes the distribution of employees in the organization to provide a proportion statistic in determining disparate impact. We will look at the proportion of white employees compared to non-white employees and white employees compared to African American employees. We will use the 4/5ths rule being that 80% of the minority groups of non-white and African Americans compared to white groups are represented for all job categories. Flow Statistics

Tanglewood Hiring and Promotion| Non-White Selection Ratio Applicants to hired| WhitesSelection ration applicants to hire| Total Selection Ratio for the position 4/5 rule less than .80| | External Hire| | |

Store Associates| .24| .23| 1.04|
Shift Leader| .14| .16| 1.14|
Department Manager| .07| .08| 1.14|
Asst. Store ManagerStore Manager| .0.22| .08.08| .0.36| | Internal Hire| | |
Store Associates| .24| .23| .96|
Shift Leader| .28| .32| 1.14|
Department Manager| .02| .21| 10.50|
Asst. Store ManagerStore Manager| .11.27| .28.14| 2.55.52| | | | |

Tanglewood Hiring and Promotion| African American Selection Ratio Applicants to hired| WhitesSelection ration applicants to hire| Total Selection Ratio for the position| | External Hire| | |

Store Associates| .24| .23| .96|
Shift Leader| .06| .16| 2.67|
Department Manager| .07| .08| 1.14|
Asst. Store ManagerStore Manager| .0.0| .08.08| .0.0|
| Internal Hire| | |
Store Associates| .24| .23| .96|
Shift Leader| .14| .32| 2.29|
Department Manager| .14| .21| 1.50|
Asst. Store ManagerStore Manager| .25.0| .28.14| 1.12.0| | | | |

Concentration Data
Tanglewood employeesConcentration Data| Non-WhiteRatio| WhitesRatio| African AmericanRatio| Store Associates| 16%| 84%| 3%|
Shift Leader| 16%| 84%| 2%|
Department Manager| 13%| 87%| 2%|
Asst. Store Manager| 7%| 93%| 3%|
Store Manager| 30%| 70%| 0%|
Total employees ratio| 16%| 84%| 3%|

Based on the results of the flow statistics and concentration data the highlighted in red proportions show a possible disparate impact problem. However, it must be noted the concentration data seems low for the African American group however compared to the applicant population it only showed deficiencies in higher positions of the company. This proportion problem could be due to the availability qualified applicants for either external or internal hire. This applicant deficiency to in Tanglewood defense shows a bona fide occupational qualification for hiring non-African Americans for higher positions. In disparate impact cases the defendant needs to prove that its practices are not discriminatory. The burden of proof lies with the defendant. The company must show job related for the position in question and consistent with business necessity. The plaintiff must show adverse impact for each specific staffing practice separately. Tanglewood currently has a strong emphasis on hiring from within and through recommendations from supervisors. Their philosophy is to hire people with the skills for the position and that fit the culture of the company. Changes to recruiting procedures to achieve better EEO outcomes in the future should be implemented. In review it is unlawful to fail or refuse to hire one discharge an individual or discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of race, color, religion, sex or national origin. Also to limit, segregate or classify employees or applicants for employment in...
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