Based on the evidence presented, the court decided that
indeed that the employer was guilty of wrongful discrimination. They decided
that Walter would receive payment for what he could have earned at a job that
he did not take because he wanted to focus on getting this job. They also awarded him $150,000 for mental
distress and punitive damages to the price of $7000.
Tuesday, August 7, 2012
Group 1 - Chapter 6. Case 14.
There is not sufficient evidence to show that the employers
were discriminating a specific class of people, since they hired another white
person for the job. However, since they
had never hired a white male, it is possible that they were discriminating
based on race and gender. To prove this Walter could show that he was
more qualified for the position than the other candidates and was purposely not
hired solely because of his race and gender.
If he could prove this he should be able to get either money or an
equitable remedy. Since the job has
already been taken it is unlikely that he would get the job.
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Ultimately, the company hired both whites and non-whites, as well as males and females. They hired a black male, a black female, and a white female. I would think given these facts it would be difficult to prove that they were intentionally discriminating specifically against white males since they had hired all other combinations. I do agree that the company should not have reannounced the position instead of hiring Walters, that did seem unfair. However, just because they did that does not appear to be proof of racial or gender discrimination. Also, just because someone is qualified to do a job does not guarantee that they will get it. There are many other factors at play such as asking starting salaries, availability, personality issues, nepotism, etc.
ReplyDeleteIt seems unusual to me that Walters received such a large settlement from the court. I would probably have to look at the court's decision more closely, but $150,000 awarded for mental distress for not getting a position just seems outrageous. People get turned down from their dream jobs time and time again. The fact that the court also awarded punitive damages is interesting as well because courts do not award punitive damages very frequently. There must be much more to this case than the book presents.