Sue Bedean, an engineer, was hired by the Tennessee Valley Authority under a voluntarily adopted affirmative action

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Sue Bedean, an engineer, was hired by the Tennessee Valley Authority under a voluntarily adopted affirmative action plan designed to bring females into traditionally male technical jobs. After a few months on the job, Bedean was laid off because of economic conditions; the other two engineers in her department, who were both male, were not laid off.

The employer asserted that the two male engineers were more qualified than Bedean. Bedean filed suit under Title VII, arguing that the employer’s failure to give her preference on layoff was a violation of the affirmative action program and of Title VII.

Is the employer required by Title VII to continue to give preference to Bedean, after hiring her under an affirmative action program? Is a violation of the affirmative action program a violation of Title VII?

Explain your answer. See Liao v. TVA [867 F.2d 1366 (11th Cir. 1989)].

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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