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United Steelworkers of America v. Weber, 443 U.S. 193 (1979), was a case regarding affirmative action in which the United States Supreme Court held that Title VII of the Civil Rights Act of 1964, [1] which prohibits racial discrimination by private employers, does not condemn all private, voluntary, race-conscious affirmative action plans. [2]
Article 3 calls for particular efforts to end racial discrimination in civil rights, housing, employment, education, and calls for everyone to have free access to public places and services regardless of race. Article 4 calls on states to review policies and repeal laws which discriminate on the basis of race. Article 5 calls for an end to ...
The pinnacle of anti-employment discrimination law in the USA is Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. In this section, two theories are laid out: disparate treatment and disparate impact.
Although some courts have taken the position that a white person must meet a heightened standard of proof to prove a reverse-discrimination claim, the U.S. Equal Employment Opportunity Commission (EEOC) applies the same standard to all claims of racial discrimination without regard to the victim's race.
Differences that emerge are taken as evidence of racial discrimination. Research has found wage and employment discrimination against blacks, Native Americans, Hispanics, and Asians; however, discrimination has been found to be a much larger contributing factor for black wages than wages of other races. [6]
The McDonnell Douglas case established that, in an employment discrimination case: The plaintiff (employee) must first establish a prima facie case of discrimination. [9] The defendant (employer) must produce evidence of a legitimate non-discriminatory reason for its actions. If this occurs, then the presumption of discrimination dissipates. [11]
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]