Question

• Jackie Patch, a Hispanic female, applied for a sales position in Ames Department Stores in Seattle. After completing her application, she was asked to take a math test and a general aptitude test. As a result of her score, she was disqualified from consideration for the sales position.  Based on this scenario, argue whether or not you believe that this testing policy is a violation of Title VII.   Explain when an employer can use an Aptitude and/or other tests and how tests are validated.
• What are the two forms of sexual harassment discrimination and provide an example of each.  If your boss liked to hug employees in the morning for a job well done, is that sexual harassment?  Why or why not?

Answer 1

Ans;

Since Jackie Patch is a Hispanic female and she has applied for the sales position in Ames Department Store in Seattle and the Ames Department Store has used math and general aptitude test which is standard practice for hiring an employee in order to check whether she can be fit or not for the position and every organization has to follow land rule and they can do selection accordingly. At the other hand Title VII is a federal law of the civil rights act of 1964 protects employees against discrimination based on certain specified characteristics such as sex, race, national, color, origin and religion and any employer may not discriminate with regard to any term or privilege of the employee.

I believe that the testing policy is not discriminatory and has been done as per the process however intention of the employer and test validation is questionable.

Employer can use aptitude or any test in selection process but same needs to be standardized and system processed hence no changes can be done in order to reject a candidate on the basis of sex, race, national, color, origin and religion etc.

There are two major forms of sexual discrimination which is explained as:

Direct Discrimination: It is such type of discrimination which happens because of your sex and someone treats you worse. For example women entry are free in night clubs but men need to pay charges for the entry.

Indirect Discrimination: It can be explained as such kind of discrimination in which employer policy is same for the all employees but it puts you at disadvantages because of your sex. For example a employers changes the work shift pattern which may not be beneficial for female staff.

If your boss would like to hug you for the best work in the morning that can be considered as sexual harassment since professional appreciation are not expected in such way and such manner.