Phillip, a black male, filed suit alleging that he was not hired as a truck driver because
Question:
Phillip, a black male, filed suit alleging that he was not hired as a truck driver because he was a member of a minority race. The employer, Franklin Trucking, Inc. had a company policy of not hiring applicants who had been convicted of a felony. Phillip had served a prison sentence for larceny and had admitted as much on his employment application. Franklin Trucking, Inc. 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. Is this a discrimination case based on disparate treatment or disparate impact? What arguments could be made for Phillip the job candidate and Franklin Trucking, Inc., the employer? Be thorough in your response.