DUNLAP V. TENNESSEE VALLEY AUTHORITY
Dunlap v. TVA
Dunlap v. Tennessee Valley Authority (2008)
Dunlap v. Tennessee Valley Authority (2008)
Explain why the plaintiff's disparate impact claim failed?
A claim of disparate impact implies that the employer (defendant) unintentionally discriminated against the job applicant (plaintiff) (Seiner, 2013, p. 287). Under Title VII, any hiring practice that is fair in form, but through its application is effectively discriminatory, is illegal (Dunlap v. Tennessee Valley Authority, 2008). The protected demographics under Title VII include racial minorities, religious minorities, and women. Mr. Dunlap's status as an African-American fulfills this requirement. In addition, the hiring practice must be unrelated to the open position and inconsistent with business necessity to be successfully challenged under Title VII. In other words, a claim of employment discrimination should provide evidence that the discriminatory practices were unrelated to the job and not required by the business. Mr. Dunlap sued the Tennessee Valley Authority (TVA) alleging disparate impact and treatment, the only two possible claims under Title VII for discriminatory hiring practices.
Proof of intent is not essential to a claim of disparate impact, only that the hiring practice disproportionately and adversely affected a protected group for reasons other than business necessity (Dunlap v. Tennessee Valley Authority, 2008). Supreme Court jurisprudence in disparate impact has established a three-part, burden-shifting test. The first part of this...
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