BLS 342 Lecture Notes - Lecture 13: Prima Facie, Protected Group, Disparate Impact
7 Mar 2017
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What group you identify with based on heritage, culture, national. Wagner act (1935): created national labor relations board. Protected class is a grouping of people put into categories of people who have a history of oppression. Does not necessarily mean what you identify as. Purely physical manifestation of things like race or national origin. Applies only to employers who employ 15 or more people for 20 or more consecutive weeks in a business that affects interstate commerce. Prohibits the disparate treatment and impact of individuals based. Process of filing complaint for disparate treatment: on the 5 classifications. The plaintiff (employee) has to make an initial showing of a discriminatory act. Means at first glance or on the surface. The defendant (employer) must show there is a nondiscriminatory reason for the disparate treatment. Plaintiff then must demonstrate proof that the nondiscriminatory reason the defendant gave was a pretext. A pretext is an excuse or a justification that is not true.
