Claim (Who win) Essay Example | Topics and Well Written Essays - 1000 words

Claim (Who win) - Essay Example City and County of Honolulu, 1989). The US District Court of Hawaii, found that the oral ability to communicate effectively and clearly was a legitimate occupational qualification for the job in question (Fragante v. City and County of Honolulu, 1989). The court also found that defendants failure to hire Fragante was explained by his deficiencies in the area of oral communication, not because of his national origin (Fragante v. City and County of Honolulu, 1989). Finding no proof of a discriminatory intent or motive by the defendant, the court dismissed the suit, hence, an appeal by Fragante (Fragante v. City and County of Honolulu, 1989). Title VII enunciates the policy that unlawful discrimination based on national origin shall not be permitted to exist in the workplace and also provides for the ‘preservation of an employers remaining freedom of choice’ (42 U.S.C.  § 2000e-2(a)(1)(1982). The Court stated that Title VII aims to balance employee rights and employer prerogatives (Fragante v. City and County of Honolulu, 1989). The intent of the statute was to drive employers to focus on qualifications rather than on race, religion, sex, or national origin (Fragante v. City and County of Honolulu, 1989). The Court explained that an adverse employment decision may be predicated upon an individuals accent only when it interferes materially with job performance, and that there is nothing improper about an employer making an honest assessment of the oral communications skills of a candidate for a job when such skills are reasonably related to job performance (Fragante v. City and County of Honolulu, 1989). In this case, the defendants advertised for applicants to fill SR-8 vacancies (Fragante v. City and County of Honolulu, 1989). The job announcement required the ability to â€Å"deal tactfully and effectively with the public† and hence, the oral ability to communicate effectively in English, which is reasonably related