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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.
Direct evidence: Although direct evidence of discrimination can be very powerful, courts often give little weight to discriminatory remarks made by persons other than decision makers, "stray" remarks not pertaining directly to the plaintiffs, or remarks that are distant in time to the disputed employment decision.
"Mixed motive" discrimination is a category of discrimination under Title VII of the Civil Rights Act of 1964.. Where the plaintiff has shown intentional discrimination in a mixed motive case, the defendant can still avoid liability for money damages by demonstrating by a preponderance of the evidence that the same decision would have been made even in the absence of the impermissible ...
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof.
He alleged the arrest was in retaliation for his outspoken criticism of city officials. The city argued that the logic of Hartman extended to retaliatory arrest. The Supreme Court, however, allowed his claim to proceed, emphasizing that retaliatory intent could be inferred if the arrest was part of an official policy of retaliation. [2] [3] [4 ...
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 ...
A beverage company's secret recipe. An innovative manufacturing process. A social media platform's proprietary feed algorithm. A sales team's closely guarded customer list.
The social norm of reciprocity is the expectation that people will respond to each other in similar ways—responding to gifts and kindnesses from others with similar benevolence of their own, and responding to harmful, hurtful acts from others with either indifference or some form of retaliation.