Employment Discrimination Project

You will find two equivalent job postings on the internet that you want to analyze for this assignment. Included in the analysis is comparing both jobs, summarizing select features in a table, and determining which job you would recommend over the other job and why.

You will also come up with a detailed backstory and description of the candidate applying to these jobs. The backstory should be thought of as a summary that might be written about the candidate by the human resources office so they could easily compare all the candidates. The backstory must include two factors that could disqualify the candidate from the job, but also could constitute either disparate impact and/or disparate treatment discrimination if the employer used those reasons to not hire the candidate. You will analyze if disparate treatment or impact exists and also provide examples of other ways the employer could discriminate against the candidate. You will also analyze if the employer could be liable for negligent hiring if they did hire the candidate.

To:
Professor McClure
From: Group # list students’ first and last names
Date: February 9, 2024
Re:
Hiring Practices Memorandum, Business Law Section (A or C)
Section 1: Description of Job Candidate
Ash Ketchum is a 40 year old legally naturalized citizen who immigrated here from
Japan. Japanese is his first language and he graduated from high school in Japan. Ash can speak,
read and write English, however he has an extremely thick Japanese accent and has often been
told that it’s difficult to understand what he’s saying. Ash has a valid and clean driving record
and the minimum insurance. Ash mainly worked in Japanese restaurants in Philadelphia as a
sushi preparer, so he had to stand for his entire shift. While he doesn’t have any physical issues
with standing, he finds it very difficult to walk for long periods of time because he was born with
one leg shorter than the other and he walks with a visible limp. He passed background and drug
tests for the restaurant jobs. The restaurant where he was working closed down, so he decided to
try a change of pace and look at other types of jobs that were hiring.
These are the protected classes and antidiscrimination statutes that could apply to Ash:
•
Race, color (Title VII)
•
Sex (Title VII)
•
National origin (Title VII, IRCA)
•
Citizenship (IRCA)
•
Age (ADEA)
•
Disability (ADA)
[list students who contributed to this section]
Section 2: Comparison of Two Equivalent Job Postings
The first job posting is for Campus Safety Officer, 2nd Shift at Widener University in
Chester, PA. https://careers.widener.edu/en-us/job/492972/campus-safety-officer-2nd-shiftchester-campus
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The second job posting is for Security Flex Officer, Full Time at Allied Universal in
Malvern, PA. https://jobs.aus.com/job/malvern/security-officer-office-campuspatrols/22950/60994246192
We recommend the Widener job over the Allied Universal job even though Widener pays
less because the Allied job is unpredictable and Ash has to be available to work any time or any
day of the week. He possibly could qualify for the 1 year of customer service experience for the
Widener job because of the work he did in the restaurant.
Category
Full Time or Part Time?
(include here hours expected
to work)
Exempt or Non-Exempt?
Must Explain WHY
Employee or Independent
Contractor? Must Explain
WHY
Pay (include bonus info if
any)
Benefits
Summary of Essential Job
Requirements/Qualifications
Widener University
Full Time
3pm to 1am 10 hours per day,
40 hours per week, plus
ability to work overtime on
voluntary and required basis
Non-Exempt because …
Allied Universal
Full Time
Must be able to work any
time and any day of the week
because position is filling in
for people who are out.
Non-Exempt because …
Employee because …
Employee because …
$16.33/hour
$500 bonus after 3 months
and $1000 bonus after 6
months good standing and
successful training
Medical, dental, life,
disability, retirement plan,
vacation and holiday leave,
tuition and scholarship
benefits
High school diploma or GED;
valid driver’s license with
evidence of insurability and
passing an in-depth motor
vehicle clearance; show proof
of Covid vaccination; pass
PA Criminal, PA Child
Abuse and FBI background
checks; 1 yr min experience
in customer service or
$17.25/hour (bonus not
specified)
2
Medical, dental, vision, life,
401(k), employee assistance
programs, company discounts
and perks
High school diploma or GED;
valid driver’s license for
driving position; pass
complete background
investigation and drug screen;
possess effective written and
oral communication and
interpersonal skills with
ability to deal with all levels
of personnel and the general
Summary of Any Physical
Requirements
What Must Be Submitted To
Apply For the Job?
Equal Opportunity Employer
Language in Job Posting?
security; effective written and
oral communication skills
Ability to walk for extended
periods of time and outside in
all types of weather
conditions; ability to walk up
and down stairs; ability to
stand or sit for extended
periods of time; ability to lift
at least 35 lbs.
Online application, cover
letter, resume
Yes
public in a professional and
effective manner
Work in various
environments such as cold
weather, rain/snow or heat;
lift or carry up to 40 pounds;
climb stairs, ramps, or
ladders; stand or walk on
various surfaces for long
periods of time
Online application
Yes
[list students who contributed to this section]
Section 3: Explain Which Essential Job Qualifications/Requirements or Physical
Requirements Potentially Have Disparate Treatment or Disparate Impact on the
Candidate. If Disparate Treatment, Explain If They Are BFOQ. If Disparate Impact,
Explain If They Are Job Related and Consistent with Business Necessity.
Having effective oral and written communication skills looks like a neutral requirement,
but it could have a disparate impact on people like Ash who have thick foreign accents.
However, being able to understand what a security guard is saying is job related and consistent
with business necessity. If the guard is patrolling the grounds and sees something suspicious or
dangerous, the guard has to use their radio or phone to call other potential first responders like
the fire department or other guards on duty and if the receiver of the message can’t understand
the messenger, then that person would not be effective in their job and could potentially cause
delay in an emergency.
Being able to walk for long periods of time in all kinds of weather looks like a neutral
requirement, but it could have a disparate impact on people like Ash who have a physical
disability that affects their walking. Walking for long periods of time is job related and consistent
with business necessity for patrolling security guards whether they are inside or outside. Ash not
being able to walk for long periods of time would disqualify him from the job of roaming
security guard and there really is no accommodation that can be given for that job. But, if the
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company had a job for someone to sit or stand at a security gate or a sign in desk where they
checked IDs, he would be qualified for that job because walking isn’t a necessity.
[list students who contributed to this section]
Section 4: Does the Candidate Have a Case For Employment Discrimination If They Are
Not Offered the Job? Does the Employer Have Potential Liability For Negligent Hiring If
They Hire the Candidate? Give Examples of Other Actions the Employer Might Take That
Would Be Discriminatory.
If Widener doesn’t offer Ash the job, he does not have a case for employment
discrimination against them. He wasn’t qualified on two essential job necessities for roaming
security guard: oral communication and being able to walk extended periods of time.
If Widener hired Ash despite being unqualified, they could potentially be sued for
negligence if, for example, first responders went to the wrong location because they couldn’t
understand what Ash was saying and someone died as a result. Also, if Ash took too long to walk
to a location with an emergency situation and there was a bad outcome due to his delay, Widener
would be responsible.
If Widener didn’t hire Ash because they didn’t want any men for the job, or because they
thought he was too old, or because they only wanted people who were born in the USA, then the
company would be on the hook for discrimination.
[list students who contributed to this section]
4
To:
Professor McClure
From: Group # [group number and students’ first and last names goes here]
Date: [date goes here]
Re:
Hiring Practices Memorandum, Business Law [Section goes here]
Section 1: Description of Job Candidate
[backstory and description of job candidate goes here]
These are the protected classes and antidiscrimination statutes that could apply to
[candidate’s name goes here]:
•
[fill in as appropriate]
•
[list students who contributed to this section]
Section 2: Comparison of Two Equivalent Job Postings
The first job posting is for [list title of job, the employer, and the city and state]. [Insert
the URL for the website that has the job posting]
The second job posting is for [list title of job, the employer, and the city and state]. [Insert
the URL for the website that has the job posting]
We recommend [insert job] over [insert job] because [your full and complete explanation
of why you recommend one job over the other goes here]
Category
Full Time or Part Time?
(include here hours expected
to work)
Exempt or Non-Exempt?
Must Explain WHY
Employee or Independent
Contractor? Must Explain
WHY
Pay (include bonus info if
any)
Benefits
Job 1 Name Goes Here
Job 2 Name Goes Here
Summary of Essential Job
Requirements/Qualifications
Summary of Any Physical
Requirements
What Must Be Submitted To
Apply For the Job?
Equal Opportunity Employer
Language in Job Posting?
[list students who contributed to this section]
Section 3: Explain Which Essential Job Qualifications/Requirements or Physical
Requirements Potentially Have Disparate Treatment or Disparate Impact on the
Candidate. If Disparate Treatment, Explain If They Are BFOQ. If Disparate Impact,
Explain If They Are Job Related and Consistent with Business Necessity.
[your full and complete explanation for this section goes here]
[list students who contributed to this section]
Section 4: Does the Candidate Have a Case For Employment Discrimination If They Are
Not Offered the Job? Does the Employer Have Potential Liability For Negligent Hiring If
They Hire the Candidate? Give Examples of Other Actions the Employer Might Take That
Would Be Discriminatory.
[your full and complete explanation for this section goes here]
[list students who contributed to this section]