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(1) The plaintiff must establish a prima facie case of discrimination. (2) The employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions. (3) To prevail, the plaintiff must prove that the employer's stated reason is a pretext to hide discrimination.
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.
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]
Interdependence approaches to prejudice reduction are based on psychologist, Morton Deutsch's, theory of interdependence. [2] According to this theory, when two groups realize that they have a common issue that can only be solved by pooling their resources together, they are more likely to engage in cooperative behaviors.
One approach that mitigates discrimination by emphasizing skills is workforce development programs. Federally funded job training caters to the unemployed and minority groups by focusing on providing opportunities for them including those who have been discriminated against.
[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]
In practice, the third step is the most difficult step for plaintiffs to achieve successfully. [ citation needed ] [ 13 ] This framework differs from earlier strategies for resolving employment discrimination cases in that it affords the employee a lower burden of proof for rebutting an employer's response to the initial prima facie cases.
The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal ...