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Prelim 1 Notes_Notes

Prelim 1 Notes_Notes - 7 protected classes you cant...

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7 protected classes – “you can’t discriminate b/c of ___” – race, religion, sex, age, disability, national origin, color Statute of limitation – you can’t go to court after a certain time – 180 days unless your state has a discrimination law & then becomes 300 days Merit resolution – investigator finds cause Non-merit resolution 0 administrative closing (dismissed, can’t find person, etc.), no cause Prima facie case -plaintiff says discrimination -defendant => articulate nondiscrimination reason -plaintiff to prove discrimination OR pretext (prove it isn’t a real reason) 1) prove discrimination with evidence 2) hope that jury infers discrimination -from management perspective – Hicks is better – false negatives (you did it & get away with it) -from employee perspective – Burdine is better – false positives (you didn’t do it but you’re found guilty) Mixed motive – there are lawful and unlawful motivations Sexual harassment -prove that sex is a substantial factor using direct evidence -defendant then tries to prove that regardless of being a protected class, they would have done the same thing 1991 Civil Rights Act – against title VII, if protected class is a motivating factor, defense must prove otherwise, says NOTHING about evidence Declaratory judgment – plaintiff wins and only has their costs and fees pais PF Case 1-4 Plaintiff shows substantial direct evidence Defendant proves they would have done it regardless and defendant wins OR defendant shows non-discriminatory reason and plaintiff shows pretext Intentional discrimination – disparate treatment Unintentional discrimination – adverse impact Adverse impact – a policy or practice neutral on its face that has an adverse impact on a protected class (ex. Take a test, diploma, catch a pen) – it’s rare
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