Kane V. Freeman

BLaw 3550

September 13, 2010

Case Brief

Kane V. Freeman 1997 U.S. Dist

Facts: In 1996 officers of the Tampa police force sued its police department for the continued use of its outdated affirmative action plan that has been in effect since 1976. The Tampa’s police department affirmative action plan was suppose to expire in 1995. Tampa’s affirmative action plan had granted promotions, assignments and transfer with race being considered as one factor in determining the property of the individual being promoted. Since there was no longer an underrepresentation of African American police officers on its force an affirmative action plan was thought to be no longer justified.

Question: Did the Tampa Police Department Violate Title VII of discrimination basis on an employee’s race?

Answer: yes

Legal Reason: Affirmative action obligation arose at Tampa’s police force in the late 1970s as a judicial remedy for discrimination to African Americans and woman under the Executive Order 11426. The requirements to have a written affirmative action plan apply to contractors or subcontractors with annual federal contracts totaling $50,000 or more and at least have 50 employees...Chief Holder testify that in the late 1970 there was practices of o discriminatory practice among the African American police officers. The court did recognize that at one time an affirmative action plan was needed but are there enough present day circumstances for the continuation or modification of the plan. In order to satisfy the governmental interest the TPD must show that racial preference completely guides the affirmative action plan and that some governmental interest allows this discrimination. The court concluded after reviewing Statistical Workforce Analysis performed by the police officers that were no statistical evidence exist of present-day discrimination against African-American officers and that in fact the test revealed that African American employees are significantly...