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The job position must then still be open post-rejection for a discrimination case to be made. In many cases the courts found it difficult to prove intentional discrimination, thus the disparate impact legal theory was added. It covers the more complicated side of discrimination where "some work criterion was fair in form but discriminatory in ...
Employment discrimination against persons with criminal records in the United States has been illegal since enactment of the Civil Rights Act of 1964. [citation needed] Employers retain the right to lawfully consider an applicant's or employee's criminal conviction(s) for employment purposes e.g., hiring, retention, promotion, benefits, and delegated duties.
Title VII also applies to state, federal, local and other public employees. Employees of federal and state governments have additional protections against employment discrimination. The Civil Service Reform Act of 1978 prohibits discrimination in federal employment on the basis of conduct that does not affect job performance.
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. It was the seminal case in the McDonnell Douglas burden-shifting framework.
Clayton County –— a landmark United States Supreme Court case in 2020 in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of their sexual orientation or gender identity; Civil Rights Act of 1866 [3] Civil Rights Act of 1871 [4] Civil Rights Act of 1957 [5] Civil Rights Act ...
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
There is a distinct difference between differences that arise due to legitimate use of judicial discretion in the application of the law and those differences that arise due to judicial misconduct, discrimination or other causes unrelated to the issues found in the specific criminal case.
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 ...