Question: You will prepare a report showing results of an EEO investigation after analyzing applicant flow data and other information.
1. Compute flow and concentration statistics. There are two different methods for conducting disparate impact analysis in this case. One is to contrast the representation of White employees compared to non-white employees as a group. Another is to contrast the difference in representation of White employees compared to specific racial/ethnic subgroups (e.g., White compared to African-American). Because the case is being brought specifically on behalf of an African-American plaintiff, this is the most important contrast, but Tanglewood would like to see what the data look like for non-Whites as a whole as well.
a. Examine the selection ratios for all job categories, and determine whether the evidence points to disparate impact discrimination using the 4/5th ratio
b. Examine the concentration data and determine whether the relative proportions of White, non-White, and African-American employees are similar across job categories, or if there appears to be a concentration of White employees in upper management positions.
2. Tanglewood is concerned that the Eaglette-Schubert legal team will be able to gain access to historical employment data in the litigation process, and based on previous cases in this area, Tanglewood is acting on the assumption that if there are any problems with representation, it will become available to the plaintiffs in a lawsuit. Write a proposal for how the company might address Eaglette-Schubert's legal team on the basis of these initial results. What written statements do you believe that the company should make in responding to this claim?