428EEO2 - Lecture

428EEO2 - Lecture - INDIVIDUAL DISCRIMINATION(DISPARATE...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
INDIVIDUAL DISCRIMINATION (DISPARATE TREATMENT) PRINCIPLES Impact on individual claimants, not classwide Individual actions scrutinized Individual qualifications examined Inferable motive may be important General statistics not determinative Employer can justify actions by absence of discriminatory intent and exercise of reasonable business judgment
Image of page 1

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

View Full Document Right Arrow Icon
SYSTEMIC DISCRIMINATION (DISPARATE IMPACT) PRINCIPLES Impact is classwide on all similarly situated employees Business practices, not individual actions Results, not motives General statistical impact to show discrimination Employer can justify impact only through business necessity
Image of page 2
Equal Employment Opportunity: Establishing a Prima Facie Case (shifts burden of proof to employer) For disparate treatment (4 part test): (1) member of protected group (2) applied for job for which employer was seeking applications (3) despite qualifications, applicant was rejected (4) after rejection, position
Image of page 3

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

View Full Document Right Arrow Icon
Image of page 4
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