LAW 664 Lecture Notes - Lecture 9: Disparate Impact, Severance Package, Title 29 Of The United States Code
6 Jun 2020
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Should use u. s. population or alabama population: dissent: applicant status should be used unless. Such as merit: 30% of score based on merit. Plaintiffs had to show merit selection was available to them. Plaintiffs argued merit was an alternative practice employer could have adopted: majority: merit was not available and plaintiffs did not demonstrate availability of an alternative method that was equally valid and less discriminatory that the exam used. 1: alternative employment practices requirements, requirements per 7th circuit (adams): available, equally valid as current practice, less discriminatory than current practice, employer has opportunity to adopt refuses to adopt. 621-633(a: 621 = purpose section, no mixed motives available under adea, covers those 40 and older sec. 631 (a: but some states protect younger, sec. 3: concurrence: rfoa provision actually means disparate impact and is not available under the, age discrimination: disparate impact.
