1. Should the concern for women getting down into the dirty treatment tanks have been a selection issue?
Yes, we think the concern for women getting down into the dirty tanks should be a selection issue because depending on the women, some women wouldn’t mind doing that kind of work, but most women would probably not want to do that job. You can’t discriminate against the women and tell them they shouldn’t or can’t do this, so this job opportunity should stay open and the women can decide if they want to apply for that position. If women didn’t want to get into the dirty tanks then they should apply for a different department. The manager should have options on the application, such as office work, filing, secretary, etc. so the employee can specify in their application what they would like to apply for. If they would have an issue working with the dirty tanks then they shouldn’t apply for that position.
The manager should be able to place them somewhere else according to their answer in the application. A lot of women would not want to do this job so I think that the people who do work in this department should get paid more than the other employees, it will be more appealing to the applicants, and maybe they can get more women working in that section. It is also looks better for the company if both women and men both work in that department, so it will be a diverse talent pool among Ovania, as well as an equal opportunity for both men and women.
2. Would this test battery and selection procedure be defensible in court?
Yes I think this test battery and selection procedure would be defensible in court. The battery of tests are not to look at previous experience, in which could encourage minorities and women to apply to the new position excluding of their prior experience. They are also not considering the fact that if someone has a lot of experience in a certain field, should be the ones interviewed first, since they want the people with the most talent. Title VII of the Civil Rights Act of 1964, forbids employment discrimination based on race, color, religion, sex, or national derivation and Under the Federal Equal Employment Opportunity Laws prohibit specific types of job discrimination in certain workplaces.
In this case, they should be treating everyone who applies there equally and giving everyone the same opportunities, regardless if they have been with the company before, of if they have seniority. I believe that this company is doing the right thing because if a new employee applies for a job, and they are very skilled and talented, they should get the same opportunity that the employees who have prior experience do. If the company hired all employees that had previous work experience, they would be discriminating against the applicants who don’t. For the applicants who don’t have prior knowledge, they are trying to get the opportunity to work at Ovania so they can get the experience they need for their field of work. It is also a worthy way to have Ovania’s reputation stand out, by creating equal opportunity to everyone.