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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.
[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]
Intergroup approaches to prejudice reduction have been studied a great deal in laboratory settings, as well as outside of the laboratory, particularly in schools. [1] Many intergroup prejudice reduction approaches are grounded in one of 3 main theoretical perspectives: interdependence, [2] intergroup contact, [3] and social identity. [4]
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]
Indigenous standpoint theory is an intricate theoretical approach in how indigenous people navigate the difficulties of their experiences within spaces which contest their epistemology. The utility of this approach stems from diverse background of marginalized groups across societies and cultures whose unique experiences have been rejected and ...
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 ...
Furthermore, those in favor of affirmative action see it as an effort towards inclusion rather than a discriminatory practice. "Job discrimination is grounded in prejudice and exclusion, whereas affirmative action is an effort to overcome prejudicial treatment through inclusion.