Question

RESPOND USING THE IRAC METHOD: Please format accordingly for clarity to response:

ISSUE

RULES

ANALYSIS/APPLICATION

CONCLUSION

Leonard A. Vernon (“Vernon”), a citizen of the United States, is a black male over 40 years old who was born in Belize. He received a B.A. in Civil Engineering in 1977 and an M.S, in Environmental Engineering in 1980. In January 1984, The Port Authority of New York and New Jersey (“Port Authority”) hired Vernon to be a Principal Administrative Assistant, a Level B-92 position, with the Civil and Environmental Unit of the Engineering Department. In January 1985, Vernon was promoted to Staff Services Engineer, a Level B-93 position. Throughout his career at Port Authority, Vernon has been recognized favorably for his work. In September 1989, Heidi Rosenberg, a white engineer in the Environmental Engineering Unit, was promoted to Senior Engineer, a Level B-94 position. Vernon was not promoted despite the fact that Marvin Krishner, Chief Environmental Engineer of the unit and Vernon’s immediate supervisor, wrote in a 1987 memorandum that Rosenberg and Vernon were both “performing at ‘Senior Levels.’” In December 1992, Rosenberg informed her supervisor that she had received an employment offer in another department, and to induce her to stay in the Environmental Engineering Unit, she was promoted to Supervising Environmental Engineer, a Level B-95 position. In March 1993, Rosenberg resigned from Port Authority, and Port Authority advertised her position internally as well as externally. Vernon applied for the B-95 position but was notified in May that he had not been selected for the position. A white, 65-year-old temporary employee, who had been working for Port Authority for one year, filled the vacancy. In March and August of 1994, Vernon complained to the Assistant Chief Engineer for Design and the Executive Director of Port Authority about alleged ongoing discriminatory practices at Port Authority. In September 1994, Frederick Meyers, Manager of Port Authority’s Equal Employment Office (“EEO”), started an investigation into Vernon’s allegations of discrimination. Question: Was race a factor in the Port Authority’s denial of Vernon’s promotion? Explain.

Answer 1

Issue: Did Vernon undergo racial discrimination in employment while considering for promotion?

Rule: Title VII of Civil Rights Act of 1964 strictly prohibits employment discrimination based on race. Racial discrimination occurs when the individual is subjected to unequal treatment because the individual is of a certain race or because of the personal characteristics associated with race like skin color and hair texture. The law prohibits discrimination in all aspects of employment including hiring, firing, pay, promotion and other terms of employment.

Analysis: Vernon is a citizen of United States who is a black male and any discrimination in employment based on skin color can be considered as racial discrimination. Though Vernon has always performed well and was qualified for promotion, he was not given a promotion to Level B-94 position in 1989 and an equally qualified white employee Rosenberg was given promotion though both were recommended by the Chief Environmental Engineer of the unit and Vernon’s immediate supervisor, Marvin Krishner. When Rosenberg was trying to leave the department, she was offered a B- 95 position. Again in 1993, when Rosenberg left the B-95 position, Vernon applied for the position, but a white, 65-year-old temporary employee who had been working for Port Authority for one year was selected. All these incidents show that Vernon is being discriminated based on his skin color and the Port Authority is considering only white citizens for the higher positions. Qualification and experience is not being considered above race during promotion and the fact is very much evident in the last situation.

Conclusion: Vernon has undergone racial discrimination and race was a factor in the Port Authority’s denial of Vernon’s promotion.