Employment Elegance

 Employment Elegance Essay

* almost all cases beneath Title VII, therefore , need to have 15+ employees*


(preponderance of proof = much more likely than not)


1 . Burdine/McDonnell

a. A prima facie case В– burden of resistant ALWAYS remains under individual, burden of development follows the defendant. my spouse and i. member of protective class

ii. minimally certified

iii. a thing bad happened В– endured adverse action

iv. work remained open, or employed someone elseВ…if succeedВ…burden shifted to accused b. Legitimate/nondiscriminatory reason

i. defendant needs to provide enough evidence (legitimate) as to all their actionsВ…then altered back to plaintiff c. Show reason is usually pretext В– jury can file for individual = plaintiff wins (show pretext, you win. Don't need splendour at all) 2 . Hicks

a. pretext is too few

b. will need pretext + some evidence of discrimination В– pretext can easily infer discriminationВ…but still will need direct evidence. (nowadays, requirements is at Hicks)

BLENDED MOTIVE (Price Waterhouse)

legitimate or perhaps illegitimate (both parties have got burden of proof) 1 . Discrimination was a considerable and a motivating factor (plaintiff) 2 . Yes, definitely Defense (defendant)В– would have built the same decision in the a shortage of the discriminatory decision three or more. Civil Rights Act of 1991

a. altered " significant and motivating" to just " motivating" (lowered standards) n. if plaintiff proves that discrimination was a motivating factor, then judge can honor attorney charges, costs, and/or declaratory wisdom 4. circumstantial evidence (statistics, indirect) v. direct evidence (admission, about tape, a memo) В– Costa says that individual can use circumstantial evidence to prove mixed motive circumstance


1 ) This defense is only applies in cases of overt discrimination (intentional discrimination cases) 2 . Workplace has protection that says that the dainty requirement can be: " fairly necessary to the regular operation in the particular business" 3. Degree the employer claims must navigate to the essence in the business



Discrimination against that protective class (i. e. minorities) Disparate treatment is different. It really is discrimination up against the individual

1 ) Neutral plan on its face

2 . Has disparate impact on safeguarded class

three or more. Prove through statistics

a. Majority = thirty-two

b. Community = 12

c. many of these x 32 = 25. 6

m. 25. 6 > doze пѓ undesirable impact

four. Business need defense В– is considered against the law unless they will prove that insurance plan is a business necessity.


(same as Deliberate Discrimination) пѓ prima facie case of Burdine-Hicks or Mixed objective В– demoted, terminated based upon sex


does not need to be sexual in nature пѓ no concrete employment actionsВ…picked onВ…hostile environment that you don't need to operate

1 . Plaintiff is a member of a protected school

2 . Harassment/conduct is extreme & pervasive

3. Determination: harassment due to gender В– that nuisance was enthusiastic because of color, race, religious beliefs, national source, sex some. Could also be racial, religion, etc пѓ nevertheless all sexuality based a few. Defense: the same opportunity harasser or Ellerth/Faragher Defense


1 . Representation (QPQ)

a. Conduct is definitely unwelcome

w. Sexual in conduct

c. Tangible job action (termination, emotional response, etc) 2 . Hostile Work place

a. Perform is unwelcome

b. Carry out is of sex nature

c. Conduct is severe or pervasive (both POV)

i actually. From subjective viewpoint В– plaintiff need to believe

2. From goal viewpoint В– reasonable person must have confidence in that situation. d. Same sex harassment is workable (Oncale) В– it could possibly always be illegal (before Oncale, same sex nuisance was not unlawful)В…must still be as a result of sex, certainly not because of sexual orientation. at the. Harris added that intended for conduct to be severe or perhaps pervasive,...

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