Question

Given the following scenario, answer the questions below: Chloe Smith, is an account representative for CTE Advertizing, a company employing 13 full-time and 3 part-time employees in Oxford, MS. She took the job right after college and now is departing after three years to go to graduate school. The employer was thrilled with Chloe’s work, and when it gets notice that she is leaving, CTE sets out to find a replacement. Sylvia, an African American, applies for the job. Sylvia holds an associate degree from an online business institute, and has spent the last five years working as a sales rep for a regional radio station. One year ago Sylvia's sales performance won her promotion to Executive account representative in one of the station's major departments. However, CTE rejects Sylvia’s application on November 1, 2018 because she is not a graduate of a four-year college. This action triggers a charge with the Memphis EEOC two months later on January 6, 2019. Statistical evidence shows that in the local labor market for sales representatives African Americans are significantly less likely to have four-year college degrees than Whites. The employer defends its education requirement by attributing Chloe’s success to the fact that she was college-educated, noting that the account representative position involves not only traditional sales work, but also more complex responsibilities such as preparing reports, and training and supervising other sales staff. The investigation reveals, however, that, until Chloe, none of the CTE’s prior successful account representatives had college degrees. Additionally, this requirement is not the industry standard. Most importantly, the employer presents no evidence that a college degree is more predictive of, or correlated with, job performance than a degree from a business institute plus significant relevant experience (i.e., Sylvia’s qualifications), or other credentials and experiences that would render a person qualified for the job.

Is CTE a covered employer under Title VII? Why?

	A.	No, CTE does not meet the minimum employee threshold.
	B.	No, CYE does not have enough full-time employees
	C.	Yes, CTE does meet the minimum employee threshold.
	D.	Only A & B are correct
	E.	None of the above are correct.

Which form of actionable discrimination is being addressed in this scenario?

	A.	Disparate treatment
	B.	Intentional discrimination
	C.	Disparate impact
	D.	Only A & B

Was the case filed in a timely manner?

	A.	No, waited too long
	B.	Failed to file within the 300 day minimum for Tennessee.
	C.	Yes, filed in time
	D.	Only A & B

What would the employer's defense in this case?

	A.	Business necessity
	B.	Bona Fide Occupational Qualification
	C.	Legitimate nondiscriminatory reason
	D.	A & B only

Who will prevail? Slyvia or CTE? Why?

	A.	CTE, because the college education is a BFOQ and business necessity.
	B.	Slyvia, because CTE's BFOQ was a pretext.
	C.	CTE, becuase Slyvia did not file in a timely manner
	D.	Slyvia, because CTE's college education is not a business necessity.
	E.	None of the above

Answer 1

Is CTE a covered employer under Title VII? Why?

Yes, CTE is a covered employer under Title VII, because CTE does meet the minimum Employee threshold. According to the EEOC (Equal Employment Opportunity Commission) which is responsible for enforcing Title VII, count all employee including part-time employees for minimum threshold limit for employers who could be falling under Title VII.

Which form of actionable discrimination is being addressed in this scenario?

c. Disparate Impact.

Was the case filed in a timely manner?

  Yes, the case filed within 180 days as per the law.

What would the Employer's defense in the case?

The employer is defending in this case on the basis of Business necessity and Bonafide Educational qualification. Which means Option D is correct.  

Who will prevail? Slyvia or CTE? Why?

The correct answer would be D. Slyvia because CTE's college education is not a business necessity.

As per the investigation, until Chloe, no account representatives had a college degree and this requirement is also not an industry standard. In the previous company, Slyvia got a promotion to an executive account representative and have 5 years of sales experience. Which mean Slyvia is a qualified employee and CTE's defend argument of college education is not a business necessity.