Dunlap V. Tennessee Valley Authority Essay

1042 Words May 29th, 2011 5 Pages
Dunlap v. Tennessee Valley Authority
Joyce Harrison
Business Employment Law
May 11, 2011

1. What were the legal issues in this case? The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011). David Dunlap brought suit under Title VII, alleging racial discrimination by the TVA.
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Also, there was proof that some of the score sheets were changed as many as 70 times without evidence of any legitimate reason to support the revisions. The court of appeals concurred with the district court that due to the above irregularities, the hiring matrix score used by TVA for not hiring Mr. Dunlap was “unreliable” and that discrimination motivated the hiring committee’s decision-making. (FindLaw, 2010).

4. What should the TVA have done differently with regard to interviewing and selecting candidates for these jobs?

The following reflect several provisions the TVA should have done with regard to interviewing and selecting candidates for the 10 jobs. First, TVA should have done everything within its power to ensure the selection committee didn’t consist of racist representatives which is a bad reflection on the company. TVA needed to ensure these people are very aware and adhere to the company’s hiring and discrimination policies. Second, these representatives should be very familiar with and adhere to TVA’s “Principles and Practices” on filling vacant positions, mandate that “merit and efficiency form the basis for selection of job candidates,” stating that “education, training, experience, ability, and previous work performance serve as a basis for

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