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

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