387 Prelim I Review Sheet

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

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Image of page 1

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

View Full Document Right Arrow Icon
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
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern