HA 387 review session day one - HA 387 review session day...

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HA 387 review session day one Burden of proof: 3 major parties, either plaintiff or defendant must produce evidence. 1) preponderance of evidence: football field, prove beyond 50% that it happened 2) Clear and convincing: 75% 3) Beyond reasonable doubt: 90% Terms to remember: summary judgement: no reasonable fact finder can for the other party. Motion to dismiss: no valid case, person makes allegation, even if you find it to be true,not enough evidence Statute of limitations: state agency, 3000 days to file after alleged incidence. No state agency, 100 days. Damages: prior to 1991 only equitable relief (back pay, re-instatement) after 1991 equitable relief, punitive, and copmpensatory For unintentional discrimination, adverse or disparate imp, no punitive or compensatory damages awarded to employee. Puni only available if discrimination and employer was reckless and mailicious and ER can prove. If EE can prove that then ER has defences Defenses are: they wer unaware of law, BFOQ defense, novel area of law ER had good faith effort to comply with law. Punitive damages, minimum $50,000 and max of $300000 depending on no. of EE’s. Intentional discrimination Burdine hick’s model and mixed motive: Prima fascia: protected class, minimally qualified, adverse emp action, position remained open and eventually filled by someone from a non protected class, After plaintiff prove PFC defendant must articulate non-discriminatory reason. Plaintiff must prove pretext. Mixed motive: Plaintiff must prove discrimination was motivating factor. Evidence of discrimination has to prove that legitimate decision would have been made regardless. (prove by showing he was late everyday.) if defendant does not carry burden of proof, plaintiff wins.
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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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HA 387 review session day one - HA 387 review session day...

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