387 Prelim I Review Sheet

387 Prelim I Review Sheet - 387 Prelim I Review Sheet IRAC...

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387 Prelim I Review Sheet IRAC method: Issue, Rule of law, Application, Conclusion PL = Plaintiff DF = Defendant EE = Employee ER = Employer Underline all case names Put a box by every employment factor GENERAL NOTES: BFOQ Never applies to rac/color o customer preference case Does apply in privacy, authenticity, genuineness cases Outline Title VII Disparate treatment OR intentional discrimination of five protected classes: sex, race, religion, color, national origin To classify under TVII: ER must employ at least 15 employees to qualify under federal law Cases: Burdine, Hicks, Reeves DISPARATE TREATEMENT AND INTENTIONAL DISCRIMINATION CASES Two avenues for suing, and PL must show both ways: 1. Pretext + Evidence PL always bears burden of persuasion in this type of case
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Burden of persuasion/proof = more likely than not; greater than 50% STEPS: A) PL MUST PROVE PRIMA FACIE CASE: 1. In protected class (TVII, ADEA= over 40, ADA = disabled) 2. minimally qualified for the job 3. adverse employment action happened 4. position remained open or was filled by someone outside of the protected class, or that
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  • Summer '07
  • Discrimination, Legal burden of proof, Prima facie, intentional discrimination

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