Grocery Mart has an opening for a produce manager position. As part of the hiring process, Grocery Mart requires potential employees to complete an aptitude test that involves a series of algebraic formula questions and also several questions designed to examine the applicant's critical thinking ability.
Frank, a 42-year-old male, has been looking for a produce manager position for several years and his career path has prepared him for that role. However, Frank is not good with tests and he is unable to pass the aptitude test at the level required by Grocery Mart. As a result, Frank does not get the position.
Frank claims that the test is not legal because it discriminates against males because it is scientifically proven that males have inferior algebra and critical thinking skills than females. (Assume, for purposes of this question, that this is indeed true).
Discuss whether Grocery Mart's policy of administering this test is legal or whether Frank's claim is valid. There is no need to discuss material from chapters 1-3 in any detail. Please limit your main discussion/analysis to chapters 4-6. (Bennett Alexander, 2014, Employment Law for Business, 7th edition.)
IRAC Format Below-
Issue(s) - State the issue(s) or question(s) to be decided. May be broad or narrow. (Stated such as "The issue is whether..." or "Does...?") (Hint: pay particular attention to the respective contentions of the parties and/or the questions asked in the problems).
Rule(s) [of Law] - State and explain the applicable rules of law, such as the applicable constitution provision, statute, regulation, or common law principle (write out or summarize - do not just provide the citation).
Application - Apply the appropriate rule(s) of law to the specific facts of the case (the court's explanation/reasoning/rationale for its findings/holding/decision in a case brief.....or your reasoning/rationale for your conclusion/outcome/decision in a chapter problem analysis) (should be the longest part of the IRAC analysis).
Conclusion - State the outcome/decision/holding of the case or problem analysis (determination of issues) based on application of law to the facts.