Search results
Results From The WOW.Com Content Network
The structure of Title VII litigation, including presumptions, burdens of proof, and defenses, has been designed to reflect this approach. The fourth affirmative defense of the Equal Pay Act, however, was designed differently, to confine the application of the Act to wage differentials attributable to sex discrimination.
"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 ...
The Bennett Amendment is a United States labor law provision in the Title VII of the Civil Rights Act of 1964, §703(h) passed to limit sex discrimination claims regarding pay to the rules in the Equal Pay Act of 1963. It says an employer can "differentiate upon the basis of sex" when it compensates employees "if such differentiation is ...
This is the "business necessity" defense. [1] Some civil rights laws, such as Title VI of the Civil Rights Act of 1964, do not contain disparate impact provisions creating a private right of action, [4] although the federal government may still pursue disparate impact claims under these laws. [5]
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.
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.
Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. A disparate treatment violation is made out when an individual of a protected group is shown to have been singled out and treated less favorably than others similarly situated on the basis of an impermissible ...
Case history; Prior: Judgment for plaintiff, 618 F. Supp. 1109 (D.D.C. 1985); Affirmed, 263 U.S. App. D.C. 321, 825 F.2d 458 (1987): Holding; Once a Title VII plaintiff proves that gender played a motivating part in an employment decision, the defendant can only avoid a finding of liability by proving by a preponderance of the evidence that it would have made the same decision regardless of ...