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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]
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.
A false dilemma is a fallacy of presumption based on a false disjunctive claim that oversimplifies reality by excluding viable alternatives. [16] [12] For example, a false dilemma is committed when it is claimed that "Stacey spoke out against capitalism, therefore she must be a communist". One of the options excluded is that Stacey may be ...
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
A false dilemma, also referred to as false dichotomy or false binary, is an informal fallacy based on a premise that erroneously limits what options are available. The source of the fallacy lies not in an invalid form of inference but in a false premise.
A federal appeals court on Friday largely rejected Starbucks' appeal of a National Labor Relations Board finding the coffee chain illegally fired two Philadelphia baristas because they wanted to ...
The lump of labour fallacy has been applied to concerns around immigration and labour. Given a fixed availability of employment, the lump of labour position argues that allowing immigration of working-age people reduces the availability of work for native-born workers ("they are taking our jobs").
A post on X shows Trump ally Steve Bannon stating that President-Elect Donald Trump can actually run for a third term as President by law. Verdict: False The 22nd amendment of the U.S ...