Question: you are the new hr manager at abc co in...
You are the new HR Manager at ABC Co. In the pas, a pplicants for supervisory positions have screened based on whether they are married. The CEO of ABC Co. believes that married employees are more responsible, and more likely to stay with the company
A homosexual applicant for the managerial job has applied for a supervisory position. The hiring manager wants to reject this applicant because he is not married. You are concerned about a potential disparate impact claim because this applicant has not been allowed to marry under the state law in the state where ABC Co. is located. Statistics for the state show that 70% of hetereosexuals over the age of 18 are married; 10% of the homosexuals in the state are married.
You can assume that the state where this employer is located prohibits discrimination based on sexual orientation but does not prohibit discrimination based on marital status.
Develop a strategy regarding the consideration of marriage as a selection criteria, considering the following:
Would the applicant be able to show impact of screening based on state’s prohibition of marriage?(“Pass” rate of < 80%)
Can employer justify any disparate impact caused by the marriage criteria; i.e., how would ABC Co. show that it is job-related and a business necessity?
Can/should employer rely on this criterion?