BUS 410 Study Guide - Final Guide: Res Ipsa Loquitur, Civil Rights Act Of 1964, Disparate Impact
5 May 2016
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Title vii prevents discrimination at any stage of employment based on race, religion, sex, national origin. Legislation only applies to organizations with > 15 employees. Types of discrimination cases (1) individual disparate treatment old fashioned discrimination (2) systematic disparate treatment (3) disparate impact (1) individual disparate treatment. Old fashioned discrimination based on an illegal characteristic intent to discriminate. Can be any non-discriminatory explanation: ultimate burden of proof shifts back to the plaintiff must show that the alternate theory is mere subterfuge. Almost impossible to prove individual disparate treatment. Need a big enough group of people to prove systematic disparate treatment class actions buoyed by anecdotal evidence (3) disparate impact. Show that a policy was not necessary for the job and that it had a disparate impact on a protected group of individuals. You have to show that a screening mechanism has something to do with the job.
