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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.
(1) The plaintiff must establish a prima facie case of discrimination. (2) The employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions. (3) To prevail, the plaintiff must prove that the employer's stated reason is a pretext to hide discrimination.
President Lyndon Baines Johnson. Equal employment opportunity is equal opportunity to attain or maintain employment in a company, organization, or other institution. Examples of legislation to foster it or to protect it from eroding include the U.S. Equal Employment Opportunity Commission, which was established by Title VII of the Civil Rights Act of 1964 to assist in the protection of United ...
"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 ...
Good morning! Last week, a Supreme Court decision lowered the bar required for workers to prove harm when it comes to filing employment discrimination claims.. Although the ruling in Muldrow v.St ...
Although empirical evidence is a tool to use to prove discrimination, it is important to pay attention to the biases involved in using this tool. The biases might cause under or over-estimation of labor market discrimination. There is lack of information on some individual qualifications which indeed affect their potential productivity.
The McDonnell Douglas case established that, in an employment discrimination case: The plaintiff (employee) must first establish a prima facie case of discrimination. [9] The defendant (employer) must produce evidence of a legitimate non-discriminatory reason for its actions. If this occurs, then the presumption of discrimination dissipates. [11]
The big question is whether, now that disability has been declared a disease, the overweight will find more legal protection under discrimination laws. Well, the lawsuits are already flying.