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In the majority of cases, the plaintiff lacks direct evidence of discrimination and must prove discriminatory intent indirectly by inference. The Supreme Court analyzes these cases using the McDonnell Douglas burden-shifting formula. The analysis is as follows: [10] (1) The plaintiff must establish a prima facie case of discrimination.
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age , race , gender , sex (including pregnancy , sexual orientation , and gender identity ), religion , national ...
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 ...
The main provisions of the regulations are to make direct and indirect discrimination against an employee or potential employee on the grounds of religion unlawful. They also make it unlawful to discriminate by way of victimization, or to harass an employee on grounds of religious belief.
Indirect sex discrimination, pension Bilka-Kaufhaus GmbH v Weber von Hartz (1986) C-170/84 , ECLI:EU:C:1986:204 , is an EU labour law case which set out the test for objective justification for indirect discrimination .
A provision, criterion or practice is justified if the employer can show that it is a proportionate means of achieving a legitimate aim. The range of aims which can justify indirect discrimination on any ground is wider than the aims which can, in the case of age discrimination, justify direct discrimination.
Dobson claimed that NHS Trust's demand for "flexible" work at weekends amounted to indirect sex discrimination, because it disadvantaged her in her care for 3 children, two of whom were disabled. The Tribunal decided there was no particular disadvantage because other women could do it, and so could the only man in the team.
London Underground Ltd v Edwards (No 2) [1997] IRLR 157 is a leading discrimination case relevant for UK labour law, concerning objective justification of indirect discrimination. Facts [ edit ]
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