Exam 3: Major Title Vii Protected Classes

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Bands are ranges within which test scores are treated as being statistically equal In a race-neutral approach, selections are made randomly from within bands, rather than using a strict rank-ordered process For example, if the band was from 90-100, an applicant with a score of 95 and another with a score of 99 would be considered statistically equal While this form of banding has thus far been universally upheld, race-conscious banding has had limited success in court Specifically, the second form of the practice involves the use of group membership as a decision criterion within bands Although the sole use of group membership has largely been rejected, the use of this criterion in conjunction with other relevant factors has received some legal supportIn 1991, Cascio et al proposed that adverse impact could be reduced with the utilization of sliding bands and minority preference Sliding bands occur when the band slides down after the top scorer in that band is selected In Bridgeport Guardians v City of Bridgeport 1991, the 2ndCircuit court upheld a banding procedure in which nine secondary criteria could be used to break ties One of the criteria was minority status In the 9 Circuit, a proposal was rejected in which rank ordering would be used for the first 100 promotions and minority preference would be used for the additional 15 promotions Courts look down on sliding band procedures that utilize minority preference as the only basis for score adjustment Also, any use of minority preference must survive charges of reverse discrimination To summarize, there are some instances where restricted forms of race conscious banding have been supported by the courts, particularly those featuring consent decrees

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Based on three court rulings, it was established that:The employee must identify policy conflicting with sincere religious belief and request reasonable accommodationThe employees and the employer must flexibly interact in identifying potential accommodationsAny accommodation that overcomes the barrier posed by the sincere belief is reasonableHardships that are more than de minimis are sufficient to satisfy the undue hardship defense

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An employer could justify speak-English-only rules if the workers were in a situation that threatened their safety or the safety of others For example, if a law enforcement officer was announcing commands in a dangerous situation, such as a shoot-out or hostage situation Another example would be on a dangerous construction site where a supervisor would need to keep his communication in English if speaking to workers who only spoke the English language