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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.
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.
Postmodern feminism is an approach to feminist theory that incorporates postmodern and post-structuralist theory. Judith Butler argues that sex, not just gender, is constructed through language. [43] In their 1990 book, Gender Trouble, they draw on and critique the work of Simone de Beauvoir, Michel Foucault, and Jacques Lacan.
Stigma, though powerful and enduring, is not inevitable, and can be challenged. There are two important aspects to challenging stigma: challenging the stigmatization on the part of stigmatizers and challenging the internalized stigma of the stigmatized. To challenge stigmatization, Campbell et al. 2005 [32] summarise three main approaches.
Society's Statement of Missions and Purpose from 1951 stands out today in the history of the gay liberation movement by identifying two important themes. First, it called for a grassroots movement of gay people to challenge anti-gay discrimination, and second, it recognized the importance of building a gay community.
The Fighting Discrimination Program of Human Rights First focuses on the violence known as hate crimes or bias crimes. Because equality is a cornerstone of human rights protection, discrimination in all its forms is a violation of human rights.
race discrimination and the death penalty Pennsylvania v. Finley: 481 U.S. 551 (1987) right to counsel in post-conviction proceedings Saint Francis College v. al-Khazraji: 481 U.S. 604 (1987) persons of Arabian ancestry may make claims for race discrimination under 42 U.S.C. § 1981: Hodel v. Irving: 481 U.S. 704 (1987)