Given the actual wording in Section 703J of Title VII (see Figure 33, page 42), which seems to explicitly prohibit preferential treatment, how can an organization show preference to women as in this case? Doesn’t position B seem more compatible with Section 703J?
Answer to relevant QuestionsWhat position do you support? (A or B). What is the basis for your answer (e.g., a court decision, the language of Title VII, EEOC Guidelines)? Does the alleged sexual harassment in Bowman constitute a violation of Title VII? Explain your answer. If you are not ready to take a definitive position, explain what information you require. What is the most important Supreme Court case that justifies your position? What hypotheses or proposals do you have so far regarding CompTech’s strategic position? What do you regard as the critical strengths and weaknesses based on the data you have? Can expense or cost be a variable when considering “reasonable accommodation”?
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