discrimPurposeflow - class-conscious decision Equal...

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THE REQUIREMENT OF PURPOSE 2: Discriminatory purpose may be unnecessary under some civil rights statutes, but is an element of EP claims 1: Whether there is a disparate impact may depend on how the injury is characterized. 2 1 Rational Basis Strict Scrutiny Rational Basis Review Disparate impact NOT along suspect class lines Disparate impact IS along suspect class lines DE JURE DISCRIMINATION DE FACTO DISCRIMINATION Discriminatory motive will not be assumed, even in light of known disparate effects Need not be the sole purpose, so long as it is a motivating factor Burden shifts to state to plausibly demonstrate how disparity resulted from a non- class-conscious decision Requirement of purpose automatically satisfied. Is the statistical disparity so great as to raise an inference or suspicion of intent? NB: The decision need not be based on class animus (e.g., racism), so long as it is intentionally along suspect class lines. Has the state (or imple- menting official) made a
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Unformatted text preview: class-conscious decision? Equal protection claims require disparate impact No STOP Prof. Manheim Constitutional Law II Fall, 2006 Does the legislative his-tory (or other objective factors) indicate discriminatory intent? Does the classification appear on the face of a statute or regulation? Is the disparate impact intentional? Is the end result of the law unequal allocation of benefits & burdens? Does the law have a disparate impact? exception: racial classfication on face of the law Requirement of purpose not relevent Factors tending to show discriminatory intent Plaintiff unable to establish discrim-inatory purpose Direct Evidence Indirect Evidence Burden shifts back to plaintiff to defeat state's proffered explanation State shows non-discrim purpose State unable to show non-discrim purpose State has burden to show same disparity would result if race not a factor Yes Apply requirement of purpose doctrine...
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