Mid term Labor Law 2.docx - "Prima facie is a Latin term that means"on its face or"at first glance In court a litigant makes a prima facie case by

Mid term Labor Law 2.docx - "Prima facie is a Latin term...

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"Prima facie" is a Latin term that means "on its face" or "at first glance." In court, a litigant makes a prima facie case by presenting evidence that, if believed by the judge or jury, would be sufficient to support the allegations in the lawsuit. An employee who brings a discrimination case under Title VII must have enough evidence to make a prima facie case of discrimination. In other words, the employee's evidence must be enough to allow a judge or jury to infer that discrimination took place. Once the employee has met this burden of proof, the employer must present evidence of a legitimate, nondiscriminatory motive for the employment decision at issue. The employee then has an opportunity to challenge the employer's evidence by showing that the reasons give for the decision were a pretext for discrimination. Title VII Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Title VII also prohibits retaliation against employees who exercise their rights under the law or participate in an investigation of a discrimination or harassment claim. Making a Prima Facie Case Under Title VII Courts have come up with a four-part test that employees must meet to establish a prima facie case of discrimination under Title VII. If an employee can present evidence of each element, the employer will then have to present evidence that its decision was not discriminatory. If an employee can't make a prima facie case, the employer can ask the judge to dismiss the lawsuit. The elements of a prima facie discrimination case are: 1. The employee is in a protected class (based on race, gender, and so on). 2. The employee was qualified for the position. For example, an applicant who wasn't hired would have to show that he met the requirements for the job; an employee who was fired would
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have to show that she was performing the job adequately and meeting the employer's expectations. 3. The employee was rejected for the position -- in other words, the applicants was not hired, or the employee was not promoted or was fired. 4. An employee outside of the protected class was selected for the position, or the employer continued to look for candidates. For example, an employee who claims she was not promoted because she was a women could show that a man was promoted instead, or that the company continued to look for internal candidates after rejecting her. The U.S. Equal Employment Opportunity Commission ( EEOC ) is a federal agency that administers and enforces civil rights laws against workplace discrimination . The EEOC investigates discrimination complaints based on an individual's race, children, national origin, religion, sex, age, disability, sexual orientation, gender identity, genetic information, and retaliation for reporting, participating in, and/or opposing a discriminatory practice.
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  • Spring '14
  • BorbalaKulcsar

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