Employer’s Subjective Hiring Processes Found Discriminatory Under Disparate Treatment But Not Disparate Impact Analyses
David Dunlap brought suit under Title VII of the Civil Rights Act of 1964, alleging racial discrimination by the Tennessee Valley Authority. The district court found that Dunlap had been subjected to discrimination under both disparate treatment and disparate impact analyses, concluding that the TVA's subjective hiring processes permitted racial bias against both Dunlap and other black job applicants. On appeal, the 6th Circuit affirmed in part and reversed in part, holding that although the district court was correct in finding disparate treatment, the proof was insufficient for a finding of disparate impact.
Dunlap v. TVA
The 6th Circuit Court of Appeals’ jurisdiction includes Michigan, Ohio, Kentucky and Tennessee.