Midterm 2 Notes PDF

Title VII of the 1964 Civil Rights Amendment 1 prohibits discrimination based on membership in a protectedclass race color religion Sex national origin IN 2 hiring firing job assignm...

Title VII of the 1964 Civil Rights Amendment 1 prohibits discrimination based on membership in a protectedclass race color religion Sex national origin IN 2 hiring firing job assignments pay access to training of apprenticeship programs and mostother employment decisions 3 Covered employers a 15 or more employees AND b engage in interstate commerce It no private right to sue file a charge with the EEOC 5 if the EEOC does not proceed with thecase they may still issue a right to sue letter 90 days to file the claim definition does title 7 apply then move on to disparate treatment and  Impact Disparate Treatment theory of discrimination treated differently 1 discrimination is intentional 2 individual plaintiff claiming specific instance s of discrimination based on memembership in a protected class Patterns of discrimination reason to cover up the true iateai.cabehind 3 Pretext pattéins p aisiimm.in jtis a plaintiff must provide enough evidence to show a of PÉm discrimination prima facie b burden shifts 7 D to produce evidence that the challenged employment decisionwas made for a legitimate nondiscriminatory reason c burden shifts back a plaintiff to prove that discrimination actually occurred and that Defendant was pretex the reason offered by the for discrimination 4 Facial overt direct pattern a intent is implied b evidence of discrimination is clear provided by the employer 5 mixed motives pattern  Plaintiff demonstrates that membership in a protected class was a motivating factor for an employment practice or decision EVEN If other factors also motivated the practice Trimination Disparate Impact T 1 NO requirement that the discrimination be intentional 2 The Plaintiff's argue that the employer uses a particular practice that causes a disparate impact on a protected class hefty'nt weakness 3 facially neutral policy that has a disproportionately adverse negative effect or impact on one of Title VII's protected classes proves through statistical evidence 4 if P's do show a disparate impact they win unless the employer can show the employment practice is job related and consistent with business necessity 5 P's can then argue that the employer's business needs can be met by an alternative practice that is less than the challenged one Co employment discriminatory still has standards but alter so it is not super discriminato  Defenses 1 even if the P proves a title VII violation Defense can still win the case if it successfu establishes a title VII defense 2 the defense willallow the D to limit the P's recovery or excuse the D from liability altogether 3 Samedecisio defense motivecases Enymixed employer can show it would Jge faggage gang puppy ggadethe same decision regardless of the 4 bone ride sereggetservice my defense 5 bone fide merit system base earnings on quantity or quality of product a professionally developed ability test 6 BFOQ Disparate treatment business necessity Disparate Impart employer can discriminate if it reasonably necessary for the business in Question Epcannot use BFOQ whendiscriminating against race and color Remedies 1 back pay cases where intentional discriminationcaused lostwages accruing from 2 yea before the filingof the charge 2 attorney's fee at courtsdiscretion to private P's 3 Compensatory damages only in cases of intentional discrimination