Porpoise Swimwear, Inc. is a clothing manufacturing company located in South Florida. They produce childrens recreation wear such as swimsuits, shorts, cover-ups, and t-shirts. Their clothing is sold throughout the U.S. through department stores such as Bloomingdales, Macys, and Nordstroms. They currently employ about 475 employees. Of these, 320 are women and 155 are men. However, of the 100 employees at the management level, 85 are men and 15 are women.

This year a strategic decision was made to expand internationally. Therefore, the workforce is being expanded at the production and the supervisory level. They hired 15 supervisors according to the following breakdown:

	Men		Women
	White	Black	White	Black
Applied	20	5	8	2
Hired	9	4	1	1

Five of the women, that did not receive the supervisor positions, filed a class action suit against Porpoise Swimwear, Inc. with the EEOC.

Your Assignment

You work for the EEOC. Your supervisor told you to use the 4/5 rule to determine whether the women have a prima facia case before we proceed any further.

a. Perform the math to determine whether there is a prima facia case. You must show your work in order to receive credit.

b. From your calculations does it look like the women have a case and can proceed to court? Explain why, or why not.

c. At this point, who does the burden of proof shift to? Support your answer with the legal information that you learned in class.