A major University has advertised for a non-research lecturer position in its Economics Department. When they evaluate the applicants, one resume clearly stands out as excellently qualified. When the applicant came in for an interview, she is asked to

Question

complete a questionnaire with a number of open ended questions prior to the actual interview. The questionnaire was extremely well answered and evidenced perfect grammar, perfect penmanship and perfect spelling. The answers were lucid and well thought out. Unfortunately, during the interview most in the department had trouble understanding the candidate due to her extremely heavy Nigerian accent. If the university hires someone else, has the university violated any discrimination laws?

Answer 1

The university must take into account the ability of its classroom teachers to
communicate with students and other faculty. If the university establishes that the ability
to communicate and be understood is an essential job requirement, and if its decision is
based purely on the applicant's ability to communicate and be understood, they have
violated no laws. They must however clearly document and be prepared to defend they
position. There may certainly be a question regarding discrimination based on national
origin and perhaps even race or sex, however, if the communication issue is truly the sole
reason for refusal and this can be proven, the university is free from liability.


CHAPTER 12
WAGES, HOURS, AND PAY EQUITY
MULTIPLE CHOICE QUESTIONS