Would you have a different opinion in this case if the defendant was a public agency in the state of California? Could the Michigan State Police take race or gender into consideration after defining a pool of qualified candidates as a part of their voluntary affirmative action programs? Explain your answers.
Answer to relevant QuestionsTo what extent did you consider the qualifications of the candidates in taking your position? Did they have to be equally qualified? What if Jones had an interview score that was 10 points higher than Harrison? In both cases, what if the plaintiffs were contingent or leased employees? Would the city and county still be liable for Title VII violations? How does culture affect the role of pay as a motivating force for workers? Would this issue be raised differently in the United States? In principle, do you see these cases as the same in terms of your interpretation of legal BFOQs, business necessity, “essence of the business,” or “job relatedness?” How often should a position description be updated? Explain your response.
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