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Cherns Project Chapter 3

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The Legal Context Evaluate Adverse Impact: Chern’s Flagship Store
The review of Chern’s Flagship Store and analyzing its full-time sales associates hiring data for evidence of adverse impact, “a substantially different rate of selection in employment decisions that adversely affects a protected group, protected groups under title VII of Civil Right Act include race, color, religion, sex, national origin, age discrimination, and the American with Disabilities Act (Phillips, Gulley, 2015). This evaluation described by, Section 4D of the Uniform Guidelines states that “a selection rate for any race, sex, or ethnic group which is less than 4/5ths (or 80%) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact” (EEOC, 1978) .
Following the guidelines 1978 Equal Employment Opportunity Commission, the use of the 4/5ths rule, evaluates the comparison groups of applicants and the comparison groups of hires. The comparison groups located in table A-3, titled Sales Associate Flow Statistic shows comparisons of Men, Women, Whites, Blacks, Asians, and Hispanics. Reviewing the table, the selection rate for the women is (.1) and the selection rate for the men is (.08), dividing .08/.1 the impact ratio is (.008) being less than 80 percent, which is evidence based on the 4/5ths rule, there is adverse impact. In reviewing the ethnicities, the selection rate for Whites (.09), Blacks (.08), Asians (.1), and Hispanics (.08), shows no evidence of adverse impact based on the 4/5ths rule.
Completing stock statistics located in table A-2, titled “Sales Associates Statistics Compared to the Relevant Population”, men are 5 percent over the availability, and women are 5 percent below, based on relevant population and availability, women employees are being underutilized as sales associates. When reviewing…...

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