Employment law case analysis – case 6
An Atlanta area hospital put together a rigorous multi-step recruiting program that is designed to identify only the best candidates for the job (a consultant was hired who validated the multi-step recruiting program). Due to the hospital cleaning house of all the poor performers this year there are 60 open nursing positions. Listed below is a breakdown of the screening process.
| Category | Total Applied | Allowed to Test | Passed Test | Allowed Interview | PassedInterview | Hired |
| Whites | 500 | 350 | 200 | 105 | 60 | 50 |
| Blacks | 150 | 125 | 35 | 35 | 19 | 10 |
| Males | 50 | 45 | 30 | 30 | 18 | 5 |
| Females | 600 | 430 | 205 | 110 | 61 | 55 |
Both blacks and males filed discrimination suits against the hospital five months later. Several of the males were told during their interview with low level nursing supervisors that they (the nursing supervisors) felt that men did not understand nursing and should stay in jobs like construction, automobile repair and the like.
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Analysis
Based on the results, the most important number here are the people who passed the test and the ones that were hired. 60 whites passed and 50 were hired. This was about 83% of the total. 19 blacks passed the test and only 10 were hired. This was about 52% of the total. Why would they hire 83% of whites and 52% of blacks? This is discrimination. The Civil Rights Act of 1964 states that “It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual…
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