Legal construction of the employment environment

Shefali Trivedi is the manager at a large food store and has hired many young employees to work for her on a parttime basis. During the past few weeks, she has noticed that she is missing a sizable amount of her stock in many different areas. She has no idea where to begin a search for suspects but is convinced that it is an “inside” job, because her security during nonworking hours is excellent. Can she simply notify each of her employees that they will all be required to a polygraph test to determine who is involved, or should she perform additional investigation and use the polygraph test only as a means of confirmation of suspicion?

In addition, Shefali has not yet purchased computerized checkout scanners, and therefore all of the pruduct prices must be input by hand to the store registers. Shefali has found in the past that certain employees are able to perform this task at a much more rapid pace than others. To maintain store efficiency, she decides to test all applicants relating to their ability to input the register. After administering an on-site timed test, she finds that 12 white applicants, 2 black applicants, and 1 Hispanic applicant are represented among the top 15 performers, in that order of performance. Shefali has five positions available. Will she be subject to liability for disparate impact discrimination if she proceeds to hire the five top performers, all of whom are white?


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