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In United States employment discrimination law, McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", [1] that lacks direct evidence of discrimination.
"Title VII created the Equal Employment Opportunity Commission (EEOC) to administer the act". [12] It applies to most employers engaged in interstate commerce with more than 15 employees, labor organizations, and employment agencies. Title VII prohibits discrimination based on race, color, religion, sex or national origin. It makes it illegal ...
During the debate on the initial version of Title VII in 1964, Cotton in particular had proposed increasing the threshold to 100 employees). [7] Despite support for the eight-employee threshold from other senators such as Jacob Javits (R-NY), the Senate amended the threshold to fifteen, and the House subsequently agreed in conference. [8]
Case history; Prior: White v. Burlington Northern & Santa Fe Railroad Co., 364 F.3d 789 (6th Cir. 2004). Holding; The anti-retaliation provision (42 U. S. C. §2000e–3(a)) under Title VII of the Civil Rights Act of 1964 does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace.
The Texas Commission on Human Rights Act (TCHRA) is codified in chapter 21 of the Texas Labor Code although it is commonly still referred to as the TCHRA. The TCHRA/chapter 21 of the Texas Labor Code empowers the TWC similar to the federal Equal Employment Opportunities Commission (EEOC) with analogous responsibilities at the state level.
The structure of Title VII litigation, including presumptions, burdens of proof, and defenses, has been designed to reflect this approach. The fourth affirmative defense of the Equal Pay Act, however, was designed differently, to confine the application of the Act to wage differentials attributable to sex discrimination.
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Texas Department of Public Safety, 597 U.S. 580 (2022), was a United States Supreme Court case dealing with the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) and state sovereign immunity. In a 5–4 decision issued in June 2022, the Court ruled that state sovereign immunity does not prevent states from being sued ...