DUNLAP V. TENNESSEE VALLEY AUTHORITY

Dunlap v. Tennessee Valley Authority

Dunlap v. Tennessee Valley Authority

Introduction

The paper includes a case which involves racial discrimination practices in the hiring process of a company. Racism refers to the biased and scientifically incorrect belief (as evidenced by the population genetics and many other methodological approaches), that the human species is divided into "races" biologically distinct, characterized by different intellectual abilities, with the consequent idea that it is possible to determine a hierarchy of value according to which a particular and hypothetical "race" can be defined more or less than another.

What were the legal issues in this case?

The court of appeals of the United States for the sixth circuit had to identify that Mr. Dunlap, the plaintiff of the case, had really faced the discrimination on the basis of race in his interview at the Tennessee Valley Authority (TVA) for a boiler maker. During the interview, Dunlap found out that the hiring processes of the company permitted racial discrimination as they usually hire and give priority to the white people over black, despite their qualifications and work experiences. The court has to identify if the company is liable under title VII of the civil rights act of 1964 for racial discrimination intentionally. Mr. Dunlap has claimed the case under disparate impact and disparate treatment analysis.

The district court found out that the plaintiff, MR. Dunlap, has been deal under the disparate treatment and disparate impact analysis, however, Mr. Dunlap could not have proved the disparate impact on the company.

Explain why the plaintiff's disparate (adverse) impact claim fails?

The theory of the disparate impact analysis requires a person who has claimed against someone that the abuse which has been happened against the plaintiff or the wrong practice for which the defendant is accountable for is behind ...