Lack of compliance to the laws and regulations governing the environment within which the company operates may lead to bankruptcy due to the heavy fines which the firm will face. Compliance of Riordan to these laws is vital to its core business plan.
Supreme Court vigorously questioned the attorneys in the case, and repeatedly discussed whether the city had a right to attempt to reformulate its test if it was afraid that the original test was discriminatory or that it would result in litigation. On June 9, it issued instead a unanimous per curiam opinion.
It characterized the trial court's decision as "thorough, thoughtful and well-reasoned" while also lamenting that there were "no good alternatives" in the case.
The panel expressed sympathy with the plaintiffs' situation, particularly Ricci's, but ultimately concluded that the Civil Service Board was acting to "fulfill its obligations under Title VII [of the Civil Rights Act]. It said the city failed to establish any "genuine dispute that the examinations were job-related and consistent with business necessity.
IOS is an Illinois company that specializes in designing entry-level examinations and promotional examinations for fire and police departments ; and other public safety and corporate organizations.
The Court cited examples of how the IOS test designcriteria, and methodology included: With that information, IOS produced a test that reduced adverse impact to the protected class.
Using that information, IOS wrote job-analysis questionnaires and administered them to most of the incumbent battalion chiefs, captainsand lieutenants in the Department.
Then, using the approved sources, IOS drafted a question multiple-choice test written below a 10th-grade reading level. The City then opened a 3-month study period in which it gave candidates a list that identified the source material or references list for the questions, including the specific chapters from which the questions were taken.
Using the job-analysis information, IOS wrote hypothetical situations to test incident-command skills, firefighting tactics, interpersonal skillsleadershipand management ability, among other things.
Candidates were then asked these hypotheticals and had to respond to a panel of three assessors.
At the City's insistence because of controversy surrounding previous examinationsall the assessors came from outside Connecticut. They were battalion chiefs, assistant chiefs, and fire chiefs from departments of similar sizes to New Haven's throughout the country.
Sixty-six percent of the panelists were minorities, and each of the nine three-member assessment panels contained two minority members. They received training on how to score the candidates' responses consistently using checklists of desired criteria.
First, Kennedy rejected arguments that the City did not discriminate.
It engaged in "express, race-based decisionmaking" i. The District Court was wrong to argue that respondents' "motivation to avoid making promotions based on a test with a racially disparate impact Looking to analogous Equal Protection cases,  he reached the statutory construction that, in instances of conflict between the disparate-treatment and disparate-impact provisions, permissible justifications for disparate treatment must be grounded in the strong-basis-in-evidence standard.
He concluded that "once [a] process has been established and employers have made clear their selection criteria, they may not then invalidate the test results, thus upsetting an employee's legitimate expectation not to be judged on the basis of race.
Even in the limited situations when this restricted standard could be met, employers likely would hesitate before taking voluntary action for fear of later being proven wrong in the course of litigation and then held to account for disparate treatment.
He rejected the respondents' position that "an employer's good-faith belief that its actions are necessary to comply with Title VII's disparate-impact provision should be enough to justify race-conscious conduct.
The purpose of Title VII "is to promote hiring on the basis of job qualifications, rather than on the basis of race or color.Essays & Papers Corporate Compliance Plan for Riordan Manufacturing - Paper Example Corporate Compliance Plan for Riordan Manufacturing This document has been complied as a Corporate Compliance Plan for Riordan Manufacturing to address the management of legal liability of officers and directors of Riordan - Corporate Compliance Plan for Riordan.
Buy custom Corporate Compliance Plan essay Riordan Manufacturing is a company that specializes in the manufacture of plastic products. Headquartered in San Jose, California it has factories in Albany, Georgia; Pontiac, Michigan and Hangzhou, china.
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