Eeoc

Desmond Graham

Case Analyses 4

Johnson v. Transportation Agency & Lanning v. SEPTA

Grantham University

Case Analyses 4 - Johnson v. Transportation Agency

The transportation agency of Santa Clara County in California adopted an affirmative-action plan in which when the agency was authorized to consider as one factor the sex of a qualified applicant when making promotions to positions within a traditionally segregated job classification in which women have been significantly underrepresented. When a vacancy arose for a promotional position 12 employees applied. Nine were deemed qualified and interviewed, with seven certified for selection by the appointing authority. A woman employee was awarded the position by the director of the agency even though she scored slightly lower than two male employees on the basis of the interview.

One of the males (Paul Johnson) who had been recommended by a second interview board for the position filed a complaint alleging that he had been denied promotion on the gender, a violation of Title VII of the 1964 Civil Rights Act. Title VII stipulates that an employer cannot withhold a job or promotion from an applicant because of that person's race, color, ethnicity, gender, or religion. The U.S. District Court for the Northern District of California found in Johnson's favor, ruling that Johnson was more qualified than Joyce but that Joyce had received the promotion by reason of her gender.

The Court upheld an employer's affirmative action plan that allowed gender to be considered as a positive factor when choosing among qualified candidates for jobs in which women were severely underrepresented. He won in the District Court but the Court of Appeals reversed the decision.

Case Analyses 4 - Lomack v. City of Newark

The case, Lomack v. City of Newark suit originated with a mandate that all single-race fire companies in Newark would be eliminated. The mandate was announced by re-elected city mayor Sharpe James in his...