XYZ Inc. terminated some employees who had worked for more than ten years due to poor performance, primarily because they could not utilize the most advanced technology. The CEO highlighted the importance of keeping up with contemporary technological evolution, giving the company a competitive advantage. Thus, the search committee for these positions decided to make a job posting only through FlockedIn, an online community for those seeking jobs in the advanced technology area. The search committee received 100 applications in total: 80 white applicants and 20 black applicants. All applicants took a series of selection tests, including a personality test, an aptitude test, a work sample test, and so on. Based on the exam results, the committee sent a job offer to 40 white applicants and seven black applicants. Some of the black applicants who were rejected argued that some selection tests assessed aspects that are not related to job performance. Then, XYZ Inc. responded that their selection practice is non-discriminatory and legitimate. However, some employees found the selection tests discriminatory and filed a complaint with the EEOC.

1. What is the type of discrimination related to the scenario? Why do you think so?

Type of discrimination
Rationale

2. What is the protected class that matters in this case? What law and court case would be related to the scenario? You may find the court case from the study material.

Protected class
Law
Court case

3. How could a plaintiff establish a prima facie case? Would it be successful?

How to establish a prima facie case
Will it be successful? Why?

4. How could the company defend its decision if I successfully established a prima facie case?

How to defend the rejection decision

5. Based on the information presented in the scenario, what would be the court's decision? Why do you think so?

Court decision: in favor of whom?
Why do you think so?

6. What do you think is the problem with posting a job at FlockedIn only?

Problem with the job posting at FlockedIn only

7. If the company had hired ____ black applicants, I could not have successfully established a prima facie case. What is the minimum number of black applicants to be hired? Show your work.

Answer?
Show your work.