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employment discrimination. ... There is also a growing body of law preventing or
occasionally justifying employment discrimination based on sexual orientation. ...
employment discrimination. Employment Discrimination Research From our textbook
of Canadian Human Resource Management, discrimination ...
... The civil rights act of year 1964 which is known as Title VII protects individuals
against employment discrimination on the bases of race and color among others ...
Employment Discrimination. * all cases under Title VII, therefore, must have
15+ employees* INTENTIONAL DISCRIMINATION (preponderance ...
... The Age Discrimination Employment Act or ADEA protects individuals who are 40
years or older from employment discrimination based on age. ...
Submitted by law1011 on February 16, 2008
Category: Miscellaneous
Words: 1850 | Pages: 8
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* all cases under Title VII, therefore, must have 15+ employees*
INTENTIONAL DISCRIMINATION
(preponderance of evidence = more likely than not)
PRIMA FACIE
1. Burdine/McDonnell
a. A prima facie case – burden of proof ALWAYS stays under plaintiff, burden of production follows the defendant.
i. member of protective class
ii. minimally qualified
iii. something bad happened – suffered adverse action
iv. job remained open, or hired someone else…if succeed…burden shifted to defendant
b. Legitimate/nondiscriminatory reason
i. defendant needs to provide enough evidence (legitimate) as to their actions…then shifted back to plaintiff
c. Prove reason is pretext – jury can file for plaintiff = plaintiff wins (show pretext, you win. Don’t need discrimination at all)
2. Hicks
a. pretext is not enough
b. need pretext + some evidence of discrimination – pretext can infer discrimination…but still need direct evidence. (nowadays, standards is at Hicks)
MIXED MOTIVE (Price Waterhouse)
legitimate or illegitimate (both parties have burden of proof)
1. Discrimination was a substantial and a motivating factor (plaintiff)
2. Affirmative Defense (defendant)– would have made the same decision in the absence of the discriminatory decision
3. Civil Rights Act of 1991
a. changed “substantial and motivating” to just “motivating” (lowered standards)
b. if plaintiff proves that discrimination was a motivating factor, then judge can award attorney fees, costs, and/or declaratory judgment
4. circumstantial evidence (statistics, indirect) v. direct evidence (admission, on tape, a memo) – Costa says that plaintiff can use circumstantial evidence to prove mixed motive case
BONA FIDE OCCUPATIONAL QUALIFICATION (Price Waterhouse)
1. This defense is only applies in cases of overt...
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