LAW 664 Lecture Notes - Lecture 3: Civil Rights Act Of 1964, Statutory Interpretation, Protected Group
6 Jun 2020
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Disparate impact, stack v. havens, can"t be used for sec. 1981: can be used for title vii and adea, generally, courts have used the mcdonnell douglas test, patterson: to prove pretext for discrimination the. Answer: yes: scotus finds that it includes all races, statutory interpretation: title vii mentions any individual because of race, 1981 also applies to whites. The legislative intent showed that it was meant to protect all races. 1: white employees can sue smaller employers under 1981 and it covers a far broader range of things, but it is limited to race and alienage, no disparate impact theory. I. e. business partners, law firms, etc: minor v. centocor, plaintiff alleging age and sex discrimination, 7th circuit: actions bad enough to be considered adverse employment action, material difference in the terms and conditions of employment. Mcdonnel douglas analysis: proving individual disparate treatment: plaintiff has the burden of persuasion and production.
