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[3] [4] If an employer met its burden by showing that its practice was job-related, the plaintiff was required to show a legitimate alternative that would have resulted in less discrimination. [5] Twenty years after Griggs, the Civil Rights Act of 1991 was enacted. The Act included a provision codifying the prohibition on disparate-impact ...
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.
This does overlap with the cooperative learning strategy discussed above.) Stuart Cook's “railroad studies” [11] [12] are classic examples of the contact hypothesis put into practice. These railroad studies took place in the American South during the 1960s, an especially challenging time and place with respect to interracial relations.
[2] Where a disparate impact is shown, the plaintiff can prevail without the necessity of showing intentional discrimination unless the defendant employer demonstrates that the practice or policy in question has a demonstrable relationship to the requirements of the job in question. [3] This is the "business necessity" defense. [1]
Anti-oppressive practice is an interdisciplinary approach primarily rooted within the practice of social work that focuses on ending socioeconomic oppression.It requires the practitioner to critically examine the power imbalance inherent in an organizational structure with regards to the larger sociocultural and political context in order to develop strategies for creating an egalitarian ...
Griggs v. Duke Power Co., 401 U.S. 424 (1971), was a court case argued before the Supreme Court of the United States on December 14, 1970. It concerned employment discrimination and the disparate impact theory, and was decided on March 8, 1971. [1]
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.
Standpoint theory, also known as standpoint epistemology, [1] is a foundational framework in feminist social theory that examines how individuals' social identities (i.e. race, gender, disability status), influence their understanding of the world.