Disparate Impact and Subjective Employment Criteria under Title VII

Abstract

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Discrimination issues affecting the selection of salespeople in the United States

“…According to US federal statutes, for an applicant to allege discrimination against an employer the employee must show that: he/she is a member of a protected class; he/she has applied for the vacancy and is qualified for the job; although qualified, he/she was rejected; and, after the rejection, the employer continued to seek applications from persons of equal qualifications (Dee, 1987). In many cases a statistical imbalance created by the absence of a protected class in a particular job category has been deemed enough evidence to establish discrimination in US courts.…”

“…The manager is very pleased with this selection as he fits in well with both the existing salesforce (predominantly white males) and the customer base (also predominantly white males).Without any intent to discriminate, this sales manager has opened his company up to the very real possibility of adverse legal action. In spite of the fact that most firms use employee referrals in searching for new salespeople (Recruiting and Selection Procedures, 1988), this manager's practice of only seeking references from a white male-dominated salesforce may be considered discriminatory as it tends to limit the hiring of minorities (Dee, 1987).Understanding American discrimination legislation and avoiding any hint of discrimination is difficult for American management (Shepherd and Heartfield, 1991). Undoubtedly, it is even more difficult for the European expatriate who is new to the American culture [1].…”

“…Without any intent to discriminate, this sales manager has opened his company up to the very real possibility of adverse legal action. In spite of the fact that most firms use employee referrals in searching for new salespeople (Recruiting and Selection Procedures, 1988), this manager's practice of only seeking references from a white male-dominated salesforce may be considered discriminatory as it tends to limit the hiring of minorities (Dee, 1987).…”