Employment Elegance

 Employment Elegance Essay

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

INTENTIONAL DISCRIMINATION

(preponderance of proof = much more likely than not)

PRIMA FACIE

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

BONA FIDE OCCUPATIONAL QUALIFICATION (Price Waterhouse)

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

UNINTENTIONAL ELEGANCE (Griggs)

IMPRUDENCIA IMPACT = ADVERSE EFFECT

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.

GENDER/SEX DISCRIMINATION

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

GENDER HARASSMENT

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

SEXUAL HARASSMENT (Cline)

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,...

starbucks essay

п»їThe organizational elements such as a great organizational complexness. It opinions the whole of organization's operations in terms of its degree of specialization, functional differentiation, and professionalism (Damanpour, 1991). In this context…...

Read

Essay about Week a couple of Assignment Acc 260

Week 2 Checkpoint- Unethical Practices of Arthur Andersen 1 ) What would Arthur Andersen contribute to the Enron disaster? Arthur Andersen contributed to the Enron disaster simply…...

Read

Essay regarding High Frequency Trading

High Frequency Trading Monthly From this issue: A beginner's tips for HFT Prof. Doyne Character on Biofinance Prof. Alex Preda on Man's fightback against machine…...

Read

English Program Reflective Composition

п»їFor myself, BUS0915 English language I was a really interesting and challenging class. My instructor was Ms. Kalai Vaani, who is a great and fantastic person. I had developed…...

Read

History Composition

Essay #1 The United States government is a system which includes grown and evolved as its creation. In the vantage level of 1932 looking in reverse, the federal…...

Read

Chris Berens Artist Dissertation

Philip Berens Simply by Andrea Moratinos Chris Berens is a Dutch artist given birth to in 1976 in Oss, Netherlands, nearby the historic community of 's-Hertogenbosch, the…...

Read