Solved: 1 a Why did the city of New Haven reject

1. a. Why did the city of New Haven reject the results of the promotion examination?

b. Why did the court rule that the city had violated Title VII?

c. Do you agree with the judgment of the court?

2. What could an employer do to avoid the situation New Haven faced in this case?

3. Frederick Claus, a white man with a degree in electrical engineering and 29 years of
experience with Duquesne Light Company, was denied a promotion in favor of a black man who
had not earned a bachelor’s degree and did not have the required seven years of experience.
Only 2 of 82 managers in that division of Duquesne Light were black. Claus sued, claiming in
effect that he was a victim of “reverse discrimination.” At trial, both sides conceded that the
black candidate was an outstanding employee and that he was qualified to be a manager.
Decide the case. Explain.

4. In 1974, Birmingham, Alabama, was accused of unlawfully excluding blacks from

management roles in its fire department. After several years of litigation, Birmingham adopted
an affirmative action plan that guaranteed black firefighters one of every two available
promotions. The city, the Justice Department, and others applauded the arrangement, but a
group of 14 white firefighters claimed they were victims of reverse discrimination. After years of
wrangling, the white firefighters’ claim reached the 11th Circuit Federal Court of Appeals. Was
the affirmative action plan lawful? Explain.

5. In a later case involving the same promotional examinations at issue in Ricci, Michael
Briscoe, an African-American firefighter for the city of New Haven who applied to be promoted
to lieutenant but was rejected brought a Title VII claim asserting that the city had created a
disparate impact against African-Americans by weighing the written test more heavily than the
oral examination. The city of New Haven brought a motion to dismiss in federal trial court.
Decide.

In 2003, 118 New Haven Connecticut firefighters took examinations to qualify for promotion to
the rank of lieutenant or captain. . . . The results would determine which firefighters would be
considered for promotions during the next two years, and the order in which they would be
considered. Many firefighters studied for months, at considerable personal and financial cost.

ANSWER
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