HADM 3387 Prelim 1

HADM 3387 Prelim 1 - Discrimination Cases Minimum employer...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Discrimination Cases Minimum employer qualifications for Discrimination Cases: Title VII- company has at least 15 employees ADA- company has at least 15 employees ADEA- company has at least 20 employees No state law- 180 days; State law- 300 days Title VII Discrimination 1. Title VII a. Prima Facie a.i. Prove plaintiff is a member of the protected class a.ii. Minimally qualified and applied for job or promotion a.iii. Rejected or had some adverse employment action a.iv. Person from another class got the job or promotion b. If plaintiff can prove prima facie, then the burden of proof shifts to the employer b.i. Burden of Production: Employer must produce a non- discriminatory reason c. Burden shifts back employee c.i. Employee must prove the employer’s reason is pretext c.ii. Under Hicks, must prove pretext and evidence of discrimination (favors employers) d. If employer doesn’t give rebuttal, then the employee wins and gets: d.i. Back pay d.ii. Reinstatement d.iii. Cost and Fees e. If no evidence, the jury can infer discrimination (but they don’t have to) e.i. Plaintiff is awarded cost and fees f. After Civil rights act of 1991- Added: f.i. Punitive damages: reckless or malicious f.ii. Compensatory damages: other losses f.iii. Capped between 50,000 and 300,000 2. Mixed Motive (Does not apply in age and disability cases) a. Lawful reasons and unlawful reasons b. Plaintiff prove: b.i. Title VII was violated even though there was other factors b.ii. Defendant has to prove by preponderant of evidence that they would have made the decision regardless of ___ (race, religion,
Background image of page 1

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

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

This note was uploaded on 02/02/2012 for the course HADM 3387 at Cornell.

Page1 / 4

HADM 3387 Prelim 1 - Discrimination Cases Minimum employer...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online