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Lesson 03: Legal Aspects of Recruiting, Hiring, and Promotion
L03 Case Study Discussion: Exhibits 6-8
Below are exhibits 6-8 that were used at the hearing.
Exhibit 6
After attempts at fashioning a consent decree failed, AJ Remington directed that SCAM develop an affirmative action plan within 90 days with a requirement of quarterly reports concerning progress and to achieve parity in 24 months. CAD agrees with AJ Remington‘s order. SCAM argues that it cherry picks statistics and avoids parameters. It explains that the statistics AJ Remington selected are grossly quantitative and calculated based on sample data for the Metroplex. SCAM urges that the appropriate focus for unskilled positions is the data for Downtown because that is the area from which people can be recruited based on reasonable commutes and the availability of public transportation. Using what it derides as AJ Remington’s “hocus pocus” theory, it asserts that his method would produce the following result for Cluster 1:
|
Category |
White |
Black |
Hispanic |
Asian |
|
Labor Pool |
9/8 -1 |
24/28 +4 |
3/3 |
0/0 |
|
Housekeeping |
12/4 -8 |
22/33 +11 |
3/6 +3 |
0/1 -1 |
|
Food Service |
5/16 +11 |
40/29 -11 |
3/3 |
0/1 -1 |
Exhibit 7
SCAM argues that use of the applicable demographic base results in an indication that variations are within a range that is normal when the recruiting area. Downtown is used rather than AJ Remington’s application of population data for the Metroplex for Cluster 1.
|
Location |
White |
Black |
Hispanic |
Asian |
|
Downtown |
-2 |
+4 |
+3 |
-2 |
|
Metroplex |
-40 |
+45 |
Even |
-3 |
Exhibit 8
SCAM urges that a parameter, the values for the entire U.S. population further refined by the percentages qualified for each specialty, based on race, is correct for positions identified as medical specialties. Its rationale is that recruiting efforts are nationwide, as evidenced by payment of relocation allowances; and that the Metroplex would not produce adequate numbers of applicants. This argument is buttressed by its need to recruit overseas and employ physicians who enter the U.S. with J-1 visas. The percentages of qualified applicants nationwide are as follows:
|
Category |
White |
Black |
Hispanic |
Asian |
|
Radiologists |
65.6% |
4.7% |
8.9% |
18% |
|
Psychiatrists |
64.9% |
5.3% |
9.5% |
18% |
|
Surgeons |
81.7% |
2% |
4.3% |
9.4% |
|
Dentists |
68.3% |
3.6% |
7.7% |
18.7% |
|
Internists |
64.4% |
5% |
9.3% |
18.5% |
Click on the next page to see exhibits 9-10.