7/26/2019 Furnco Construction Corp

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Furnco Construction Corp. v. Waters employer may use statistics to rebut inference that it

adopted hiring method for purpose of discriminating.

o Employer would not take walk-in applications and hired people recommended by

contractor so would not take employment applications directly from blackapplicants. (Note: 13.3 of hours worked on the !ob were by black workers."

o #laintiffs alleged prima facie case - $hey were %ualified black applicants fora&ailable !obs whose applications were re!ected raises an inference of

discriminatory intent presumption of intentional discrimination.

o 'efendant - iring people known to the superintendent as competent and

e)perienced meant that we were able to put together a workforce e%uipped toperform the tasks up to standard* + ,ours worked breakdown showed that this

method did not e)clude people of color.