3.31. - 3/31/08 Should it be assumed if there is a...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
3/31/08 Should it be assumed if there is a discriminatory impact that there was a discriminatory purpose? Only get rational basis review. Can’t be discriminatory against poor, or lower social class, would get just rational basis review because that is not racially motivated. Point 2 under B How is discriminatory purpose proven? Its easy for litigants to show discriminatory impact; the hard part is to prove discriminatory intent. o Sub-question a: What is the definition of intent? 2 definitions of intent: 1) in tort law (personal injury), intent is if a person has knowledge of foreseeable consequences. Or one intends foreseeable consequences to occur 2) in criminal law, a person intends the consequences that he or she DESIRES to bring about. Should the Court use the tort law description in analyzing legislatures’ laws? SC has adopted the latter definition of intent, that the government must have DESIRED to bring about racial discrimination. Key case: gender discrimination. Massachusetts adopted a law that gave preference for hiring for state jobs to veterans. A substantial amount of veteran aged people were men. A discriminatory impact occurred against women because a negligible percentage of women were veterans. What is the definition of intent to be used? If the tort law definintion was used, then it would be easy for the plaintiffs to prove Massachusetts intended to hurt women, because they knew the percentages of veterans who are men is greatly higher than women. Can’t prove, however, that they had the DESIRE to
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 3

3.31. - 3/31/08 Should it be assumed if there is a...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online