Group 3: Chapter 8 #9 (Taylor Turner)

After reviewing the case “Furnco Construction Corp. vs. Waters,” our group thinks that Constructo has met its burden under Title VII. After the plaintiff has established a prima facie case, the burden shifts to the employer to prove a legitimate nondiscriminatory reason for rejection. If the employer successfully offers a legitimate nondiscriminatory reason for rejection, the burden shifts back to the plaintiff to show that the employer’s ostensible reason was pretext for discrimination. Constructo does not have a history of racial discrimination like Furnco Construction Corp did. Although you cannot make a ruling based off these statistics because it might not prove motive, the company already has more than double the percentage of African-American workers than the rest of greater metropolitan area, so discrimination against African-Americans is unlikely. Title VII does not impose a duty to adopt a hiring procedure that maximizes hiring of minority employees. The employer could argue that they only hire workers referred by Constructo employees because they have reference that they are quality people and good workers. To better cover themselves, Constructo might want take applications from bricklayers that are not referred by employees. If it can be proven that the same employment decision would have been made absent the discriminatory motivation, then the plaintiff would be denied remedies such as damages or reinstatement.