PSY 320 Lecture Notes - Lecture 23: Job Performance, Personality Test, Revised Philadelphia Plan
Document Summary
Plaintiff (employee) does not have to prove intent. Defendant (employer) must show that test or practice is related to job performance. Alexander v. gardner-denver company (1974) - rulings by an arbitrator under group-oriented agreement do not apply to individual grievances. Regents of the university of california v. bakke (1978) - reverse discrimination is unlawful unless diversity can be shown to contribute to educational (or organizational) effectiveness. In discrimination claims, the plaintiff (employee) must identify the specific practice that led to discrimination. Burden of proof is on the plaintiff (employee) to show that the defendant"s (employer) practice is discriminatory (changed by civil rights act of 1991) Defendant (employer) can justify employment practice by showing that it served a legitimate business purpose and need not meet the higher standard of serving an indispensable role. Gilmer v. interstate/johnson lane corporation (1991) - individuals can waive their rights to sue by signing arbitration agreements.
