9.7.09 - 9/7/2009 Burden of production vs. burden of...

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9/7/2009 Burden of production vs. burden of persuasion? If you miss a class, then call him. No need to email him. He’ll teach you via phone. School: 607-255-1711 Home: 277-8333 Cell: 351-6298 Burdine gives you false positive Employers are found guilty of discrimination when they didn’t. Hicks gives you False negative Company got off the hook when they discriminated. Both are flaws. Which do we prefer and why? Students generally in the employer’s side: Hicks Professor’s opinion: 1992, Bill Clinton election: “economy is stupid” - Burdine: hundreds of thousands of dollars cost, reputation, to allow flase positive is problematic. You are destroying business when they didn’t do it. this is the downside of Burdine. - Seven circuit wasn’t clear about sexual harassment. You can go down, ppl will listen. If you want to stop discrimination, burdine is better. Companies will make sure that discrimination doesn’t happen. If you want to get rid of discrimination, this is better, but at the expense of small businesses. - You can’t say either is better b/c hicks is accepting guilty. - You need to see both sides. That’s not wrong. But seeing one side and not another is wrong.
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Desert Palace, Inc. v. Costa Background: - 79s and 80s, we had burdine-they told us how to find discrimination. - 1981, new case: pricewaterhouse – you graudate from schools and start working for the firm and in some amount of years, you go up for the partner/owner, share profits. If you don’t make partner, you get fired. -
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This note was uploaded on 02/07/2012 for the course HADM 387 taught by Professor Sherwyn during the Spring '08 term at Cornell University (Engineering School).

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9.7.09 - 9/7/2009 Burden of production vs. burden of...

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