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You are the CEO of Amazing Hair, a new hair-care product intended primarily for use in African Americans' hair. Your product has been in
You are the CEO of Amazing Hair, a new hair-care product intended primarily for use in African Americans' hair. Your product has been in high-end department stores for some time and is selling reasonably well, but the latest market surveys indicate that when the product is pushed directly by hair stylists, you can both charge more for the product and also achieve greater sales. You elect to hire some sales representatives to call on hair stylists, asking them to sell Amazing Hair products in their shops. You have 25 applicants for the first 10 positions, and you have your HR manager interview all of them. She reports back that 8 of the applicants are outstanding candidates, and the other 2 are equally good but she has "some concerns." You ask what the concerns are and she tells you 2 of them are white. She explains that they appear to be just as qualified in terms of their sales abilities, but she's concerned that black hair stylists just won't be impressed by white salespersons pedaling a hair product for black hair. She just doesn't think their pitch could possibly be convincing under the circumstances. You are concerned about this aswell, but also remember learning in college that refusing to hire someone on the basis of their race is illegal. You suggest a compromise. You have several other vacant sales positions where the focus is selling in department stores. Often, the department store managers with whom the salespeople interact are white themselves, and you think that white managers will probably listen to white salespersons, whereas one might legitimately wonder if a white salesperson selling a black hair product might be laughed out of a predominantly black salon. You instruct your HR manager to hire all 8 black applicants and assign them to call on black- owned salons, and also to hire the 2 white applicants and assign them to call on predominantly white-managed department stores. Are there any problems with this arrangement? Select the most correct answer. Yes. The employer has segregated its workforce by race in violation of Title VII. No. The employer had a legitimate, nondiscriminatory reason for the assignment decisions. Assuming the employer is honest about its decisional process, it should be able to show that its decisions were not based upon race, but about neutral concerns dealing with volume of sales for its products. No. Race is a bona fide occupational qualification for this particular position, and the employer can show business necessity because there is good evidence that black salons would not be as persuaded by a white salesperson selling black hair products.
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