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London Underground Ltd v Edwards (No 2) [1997] IRLR 157 is a leading discrimination case relevant for UK labour law, concerning objective justification of indirect discrimination. Facts [ edit ]
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. [1]
For example, if an hypothetical fire department used a 100-pound test, that policy might disproportionately exclude female job applicants from employment. Under the 80% rule mentioned above, unsuccessful female job applicants would have a prima facie case of disparate impact "discrimination" against the department if they passed the 100-pound ...
Institutional discrimination is discriminatory treatment of an individual or group of individuals by institutions, through unequal consideration of members of subordinate groups. Societal discrimination is discrimination by society. These unfair and indirect methods of discrimination are often embedded in an institution's policies, procedures ...
In the majority of cases, the plaintiff lacks direct evidence of discrimination and must prove discriminatory intent indirectly by inference. The Supreme Court analyzes these cases using the McDonnell Douglas burden-shifting formula. The analysis is as follows: [10] (1) The plaintiff must establish a prima facie case of discrimination.
One recent example of employment discrimination is the inequality in higher positions. For instance, while 62% of accountants and auditors in the US are women, only 9% of Chief Financial Officers (CFOs) in the US are women. According to the research, not only are women underrepresented in their profession, but they are also underpaid, 16% less ...
A provision, criterion or practice is justified if the employer can show that it is a proportionate means of achieving a legitimate aim. The range of aims which can justify indirect discrimination on any ground is wider than the aims which can, in the case of age discrimination, justify direct discrimination.
Dobson claimed that NHS Trust's demand for "flexible" work at weekends amounted to indirect sex discrimination, because it disadvantaged her in her care for 3 children, two of whom were disabled. The Tribunal decided there was no particular disadvantage because other women could do it, and so could the only man in the team.