EEOC v. Carolina Freight Carriers Corp., 87 Civ. 6322 (SD Fla. 1989) The plaintiff, a black male, filed suit alleging that he was not hired as a truck driver because he was a member of a protected group (minority race). The defendant (Carolina Freight Carriers Corporation) had a company policy of not hiring applicants who had been convicted of a felony. The plaintiff had served a prison sentence for larceny and had admitted as much on his employment application with the defendant. The defendant presented evidence that they had incurred significant annual losses which management had determined was largely attributable to employee theft. The truck drivers worked without significant supervision and were responsible for trucks and cargoes worth a great deal of money.

Questions

1. Is this case one of disparate impact or disparate treatment?

2. What is the legal basis or provision for the alleged discrimination?

3. What would be his prima facie case?

4. Based on your answer to the second question, what defense would Carolina Freight (the defendant) use?

5. What information would the plaintiffs attorneys ask for? The defendants attorneys?