HA3387 PrelimI Review Sheet F10 (1)

HA3387 PrelimI Review Sheet F10 (1) - HA3387 Fall 2010...

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HA3387 Fall 2010 Prelim I Review Sheet Burdine : How does a plaintiff prove discrimination? Must the company prove that it hired the best applicant? Must the company prove that it did not discriminate? What effect does a finding of pretext have? Plaintiff must prove that they have a prima facie case of discrimination. If he/she can prove a prima facie case, then they have created a “rebuttable presumption” Company never has to prove anything, burden of proof always lies with plaintiff. Company has the burden of production. They must produce some nondiscriminatory reason for the action taken, but they don’t need to prove it. Plaintiff must prove that the defendant’s proffered reasons are unworthy of belief and that they are a pretext for discrimination. If he/she proves the pretext, then he/she wins the case. Plaintiff can win the case in one of two ways: o Prove that discrimination occurred and was the reason for the action taken o Prove pretext- that the defendant’s proffered nondiscriminatory actions are unworthy of belief Burdine is employee friendly, it creates false positives Hicks: What effect does a finding of pretext have? What do plaintiffs need to win their cases as a matter of law? Pretext doesn’t mean victory: if plaintiff doesn’t have evidence that the defendant’s proffered reason is pretextual, then the jury is free to infer discrimination but doesn’t have to. Hick’s is the law and says that: o Plaintiff can only win by providing actual evidence that discrimination occurred and was the real reason for the action taken Hicks is employer friendly and creates false negatives Costa : How does the burden of proof shift in a mixed motive case? What is the plaintiff’s burden? What is the employer’s burden? What are the damages under the CRA of 1991? How does Hicks affect the mixed motive and Burdine methods for proving cases? Plaintiff proves Title VII was violated even though there were other factors
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HA3387 PrelimI Review Sheet F10 (1) - HA3387 Fall 2010...

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