What would the defendant need to show to avoid liability?

This case involves the evaluation of Dr. George Annan in the performance of his duties as an Assistant Professor at NPU. Although initially receiving a “reasonably expected” subsequent evaluations were increasingly negative and his contract was not renewed. Although Department Head Mary Reed believed she provided adequate feedback, and that Annan had largely ignored her advice, she knew she had to provide evidence to defend NPU should Annan pursue a discrimination claim under Title VII of the Civil Rights Act of 1964.
The Objectives
To demonstrate some of the legal issues that can result when an employee’s employment contract is not renewed.
To illustrate the complexities relating to situations involving Title VII.
To emphasize the need for proper documentation of credible evidence with regard to employment personnel decisions.
To stress the importance of proactive measures designed to reduce the likelihood of Title VII violations.
To emphasize the necessity of developing and instituting “best practices” into company policies.
The followings are questions that will help guide your case study:
George Annan is considering a Title VII claim against NPU for wrongful discrimination. Would this claim be for a disparate impact or a disparate treatment claim, why? Who has the burden of proof and what has to be shown to meet this burden? How would George establish a prima facia case and why is this important? What would the defendant need to show to avoid liability? What does the plaintiff need to prevail?
What should the University (Reed) do differently? What recommendations for changes to significantly reduce the risk of a discrimination lawsuit in this case and in the future?
What are some of the best practices management should institute to help minimize exposure to liability under Title VII? Why would this be effective?
What Policy suggestions for disciplinary/termination/non-renewal to be used by a public/non-profit to minimize future Title VII expose.
Format
Analyze the case and write up with the analysis. Your analysis paper should include the following sections:
Introduction (and Background): A summary of the case and a BRIEF introduction of the issues
Analysis of Findings or Policy Issue: This is your original research. You want your argument to flow logically and fluidly, but be sure to use descriiptive headings and subheadings to help guide and orient the important idea is the use of headings and subheadings. This is where you would identify the issues involved in the case study (2-3) and possible solutions to the issues. Typically revolves around the course lessons.
Recommendations: Select your policy choices from the options considered and the supported (cited) reasoning for your selection. Just to be clear, it’s okay if your analysis stops short of full recommendations so long as you clearly lay out the relevance for your analysis of the evidence. If there are significant risks, costs, or obstacles associated with implementation, you should discuss them and describes the pros and cons of the policy recommendation/s. Your paper may stop short of developing implementation and include this in your recommendations if appropriate and possible, and again, use cited reasoning.
Conclusions: Here, you might return to the big picture or the motive of your analysis: What is the goal of the analysis or of your policy recommendation/s? What will happen if the decision-maker does not act on your research or move forward with the recommendation? What will happen if she does? While you do not want to succumb to rhetoric, this is your opportunity to remind your reader of the importance of your analysis. A short conclusion is always helpful.
Bibliography: While professional white papers may not reference their sources, any academic papers must provide a full bibliography, in addition to fully cited, footnoted references.
Case:
Cumber, C. J. & O’Brien, J. (2015). “Discrimination or Non-Performance.” Harvard Business Review.
Textbook:
Pynes, J. E. (2013). Human resources management for public and nonprofit organizations: A strategic approach (4th ed.). San Francisco, CA: Jossey-Bass. ISBN: 9781118398623.

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