Module 02-legal case 2 | Law homework help


ASSIGNMENT - Legal Instance 2


University and Community College System of Nevada v. Farmer


  • Re-read the University instance, "University and Community College System of Nevada v. Farmer in your citationbook.
  • Note the postulates belowneathneathneath the instance title: 113 Nev. 90, 930 P.2d 730 (Nev. Sup. Ct. 1997), cert. denied, 523 U.S. 1004 (March 9, 1998). What do these details represent?
  • Study the instance questions in the citation at the end of the instance. In attention, seem through other embodied supposing in Lecture Notes and in the Preface.
  • Outline and succumb the instance, using the flag fair delineation headings. (See "Sample Delineation for Fair Cases" in Course Materials.)



  1. Case Name and Citation
    1. Include the affect or performance deciding the instance
    2. Include the citation, which tells where to invent the reported conclusion.
  2. Key Grounds (in petty)
    1. Why - are parties antecedently the affect or performance?
    2. What - are the parties seeking?
  3. Stage in the fair manner (Trial Court, NLRB,Appeals Court, etc.)
    1. What happened at prior stages (if any) in the fair manner?
  4. Legal Consequence (s)
    1. Include fair problem(s) elated by the grounds of the debate.
  5. Reasoning of the Decision-Maker
    1. Why was debate firm the way it was?
    2. How did the conclusion-maker dedicate or adjust the fair principles implicated?



Between 1989 and 1991, simply one percent of the University


of Nevadas full-time douceur were ebon, while eightyseven


to eighty-nine percent of the full-time douceur were


white; twenty-five to twenty-swell-balanced percent of the full-time


douceur were women. In dispose to relief this racial imbalance,


the University afloat the juvenility douceur


policy,an traditional amendment to its declaratory operation


prudence that known a office to commission an attentional douceur


member subjoined the moderate placement of a juvenility




In 1990, the University advertised for an impending


vacancy in the sociology office. The announcement


of the comcomcollocation vacancy emphasized a insufficiency for proficiency


in political psychology and mentioned a stipend concatenate among


$28,000.00 and $34,000.00, relative upon proof


and qualifications. The Universitys hiring pilotlines


exact offices to induce elapsed than one conference;


however, this progress may be waived in undeniable instances.


Yvette Farmer was one of the three finalists chosen by the


quest committee for the comcomcollocation but the University


obtained a resigner to conference simply one canvasser, Johnson


Makoba, a ebon African manly. The office chair


recalled that the quest committee ranked Makoba earliest


among the three finalists. Consequently of a perceived bluntage


of ebon Ph.D. canvassers, coupled delay Makobas strong


academic consummatements, the quest committee sought


approval to construct a job present to Makoba at a stipend of


$35,000.00, delay an acception to $40,000.00 upon completing


his Ph.D. This moderate present exceeded the advertised stipend


concatenate for the composition; well-behaved-balanced though Makoba had not


accepted any competing presents, the University justified its


present as a mode of preempting any other institutions from


hiring Makoba. Makoba accepted the job present. Farmer was


subsequently commissiond by the University the subjoined year;


the comcomcollocation for which she was commissiond was created belowneathneath


the juvenility douceur prudence.Her stipend was set at


$31,000.00 and a $2,000.00 elevate succeeding height of her




Farmer sued the University and Community College


System of Nevada (the University) assertioning violations


of Title VII of the Civil Rights Act, the Equal Pay Act


and for gap of an usurpation abbreviate. Farmer alleged


that notwithstanding the occurrence that she was elapsed adapted, the University


paid a ebon manly (Makoba) as an attendant professor


of sociology instead of her consequently of the Universitys


declaratory operation project. Succeeding a suffering on her assertions, the suffering


affect jury awarded her $40,000 in atonement, and the University


appealed to the Supreme Affect of Nevada. The


consequence on resort was the fairity of the Universitys declaratory


operation project belowneathneathneath twain Title VII and the U.S.




Steffen, Chief Justice


Farmer assertions that she was elapsed adapted for the composition


initially presented to Makoba. However, the curriculum


vitae for twain canvassers inspired resembling strengths


delay deference to their educational backgrounds, publishing,


areas of specialization, and grafting proof. The quest


committee determined that notwithstanding some inequalities, their


strengths and weaknesses complemented each other; hereafter,


as a consequence of the attentional comcomcollocation created by the juvenility


douceur prudence, the office commissiond Farmer one year




The University contends that the bounds affect made a


substantial fallacy of law by feeble to penetrate a contemplated jury


instruction which would possess informed the jury that Title


VII does not forbid course-based declaratory operation


144 Part 2 » Equal Usurpation Opportunity


programs purposed to relief the property of elapsed distinction


over traditionally disadvantaged rankes. The University


asserts that the bounds affects repudiation of the contemplated


instruction left the jury delay the collision that all coursebased


declaratory operation programs are forbidd.


Farmer asserts that the Universitys traditional juvenility


douceur prudence contravenes its published declaratory operation project.


Finally, Farmer alleges that all course-based declaratory operation


plans are forbidd belowneathneathneath Title VII of the Civil Rights Act


as amended in 1991; for-this-reason, the University discriminated


over her as a womanish, a protected rank belowneathneathneath Title VII.


Tension exists among the goals of declaratory operation


and Title VIIs proscription over usurpation practices


which are motivated by considerations of course, profession,


sex, or common derivation, consequently Congress failed to provide


a statutory exclusion for declaratory operation belowneathneathneath Title VII.


Until of-late, the Supreme Courts insufficiency to consummate a


majority conviction in declaratory operation instances has produced


schizophrenic consequences.


United Steelworkers of America v. Weber is the seminal


instance defining legitimate free declaratory operation projects


[underneath Title VII].Under Weber, a legitimate free


declaratory operation project must: (1) advance Title VIIs statutory


purpose by break[ing] down old patterns of racial segregation


and hierarchyin occupations which possess been


traditionally determined to them; (2) not unnecessarily shackles


the curiosity-behalfs of unspotted employees; (3) be a temporary


measure; it is not calculated to protect racial counteract, but


simply to explain a apparent racial imbalance.” …


Most of-late, in Adarand Constructors, Inc. v. Pena, the


Supreme Affect revisited [the consequence of the legitimateity


of] declaratory operation in the concitation of a juvenility set-aside


program in federal public-way explanation. In the 54 conviction,


the Affect held that a reviewing affect must dedicate strict


scrutiny anatomy for all course-based declaratory operation programs,


whether express by a federal, propound, or local


entity.[T]he Affect explicitly propoundd that federal racial


classifications, affect those of a State, must minister a compelling


governmental curiosity-behalf, and must be scarcely tailored to


advance that curiosity-behalf.” …


Here, in attention to considerations of course, the University


based its usurpation conclusion on such criteria as educational


background, publishing, grafting proof, and


areas of specialization. This satisfies [the preceding instances]


commands that course must be simply one of sundry occurrenceors


used in evaluating applicants. We so conception the desirability


of a racially divers douceur as sufficiently similar to the


constitutionally legitimate acquirements of a racially divers


student substantiality.


The Universitys declaratory operation project conforms to


the Weber factors [underneath Title VII]. The Universitys


attempts to alter its douceur by gap up compositions traditionally


determined to minorities satisfies the earliest occurrenceor belowneathneath


Weber. Second, the project does not unnecessarily shackles the


interests of unspotted employees.The Universitys 1992 Affirmative


Action Report inspired that unspotteds held eighty-swell-balanced to


eighty-nine percent of the full-time douceur compositions. Finally,


delay ebons occupying simply one percent of the douceur compositions,


it is transparent that through its juvenility douceur prudence, the


University attempted to accomplish, as unanalogous to protect, a racial




The Universitys declaratory operation project [also] ignoringes


legitimate gather. The University demonstrated that it


has a compelling curiosity-behalf in cherishing a culturally and ethnically


divers douceur. A insufficiency to fascinate juvenility douceur


perpetuates the Universitys unspotted enclave and advance limits


student snare to multicultural dissimilarity. Moreover, the


juvenility douceur prudence is scarcely tailored to accelerate


racial and gender dissimilarity. Through its declaratory operation


policies, the University consummated greater racial and gender


dissimilarity by hiring Makoba and Farmer. Of silence is the


occurrence that Farmers comcomcollocation is a plain consequence of the juvenility


douceur prudence.


Although Farmer contends that she was elapsed adapted


for Makobas composition, the quest committee determined


that Makobas qualifications subordinately exceeded Farmers.


The annals, ultimately, reveals that twain canvassers were


equal in most deferences. Therefore, ardent the air of


subjectivity implicated in choosing among canvassers,


the University must be ardent the loophole to construct its


own usurpation conclusions supposing that they are not




[The affect then unusual Farmers assertion that the 1991


amendments to Title VII disallow declaratory operation.]


we determine that the jury was not equipped to


understand the indispensable fair plea upon which it could


reach its occurrenceual conclusions touching the fairity of the


Universitys declaratory operation project. Moreover, the undisputed


grounds of this instance well-behaved-founded award in boon of


the University as a subject of law. Therefore, well-behaved-balanced if the


jury had been correctly instructed, the bounds affect should


possess granted the Universitys turmoil for award notwithstanding


the [jurys] answer. Reversal of the jurys answer


on the Title VII assertion is for-this-reason in dispose.


The University has adopted a fair course-conscious


declaratory operation prudence in dispose to relief the property of a


apparent racial imcounteract in a traditionally segregated job




Chapter 6 » Title VII of the Civi l Rights Act and Course Discr imination 145


The declaratory operation project in the preceding instance was a free project; that is, it was not


imposed upon the master by a affect to relief a inventing of ilfair distinction. The


declaratory operation projects in the Weber, Johnson, and Wygant cases were so free


plans. Title VII specifically mentions declaratory operation as a practicable relief profitable belowneathneath


§706(g)(1). In Local 28, Sheet Metal Workers Int. Assn. v. EEOC,26 the Supreme Affect held


that Title VII permits a affect to exact the election of an declaratory operation program to


relief persistent or excellent distinction.The Affect in U.S. v. Paradise27 upheld the


constitutionality of a judicially imposed declaratory operation program to relief course distinction


in proturmoil conclusions by the Alabama Propound Police.


ethical DILEMMA


You are the rational wealth director for Wydget Corporation, a inferior manufacturing


company. Wydgets parterre projectt is located in an inner-city neighborhood,


and most of its formation employees are African Americans and Hispanics, as well-behaved-behaved as


some Vietnamese and Laotians who subsist nearby. Wydgets directors are unspotted manlys


who sometimes possess awkwardness regarding to the formation workers. The consultation of plainors


of Wydget is because whether to demonstrate a grafting program to groom formation


workers for government compositions, targeting women and minorities in detail. The


CEO has asked you to furnish a memo to pilot the consultation of plainors in its conclusion


about the grafting program. Should you demonstrate such a program? How can you


encourage juvenility employees to penetrate the program delayout terrifying the unspotted


employees? What criteria should be used for determining advance into the grafting


program? Address these consequences in a blunt memo, explaining and supported your




The University has aggressively sought to consummate elapsed


than usurpation indifference by promising its offices


to commission adapted minorities, women, veterans, and handicapped


individuals. The juvenility douceur prudence, albeit an


traditional one, is narrowly a implement for achieving cultural dissimilarity


and advanceing the real goals of declaratory operation.


For the reasons discussed aloft, the Universitys declaratory


operation policies ignoring legitimate gather. Farmer


has failed to elevate any embodied grounds or law which would


render the Universitys declaratory operation prudence legitimately




Young and Rose, JJ., concentrate.


Springer, J., dissenting [omitted]



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