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Mixed Motive Discrimination
"Mixed motive" discrimination is a category of discrimination under Title VII of the Civil Rights Act of 1964. Where the plaintiff has shown intentional discrimination in a mixed motive case, the defendant can still avoid liability for money damages by demonstrating by a preponderance of the evidence that the same decision would have been made even in the absence of the impermissible motivating factor. If the defendant establishes this defense, the plaintiff is then entitled only to declaratory and injunctive relief, attorney's fees, and costs. Orders of reinstatement, as well as the substitutes of back and front pay, are prohibited if a same decision defense is proven. 42 U.S.C. §2000e-5(g)(2)(B). In the landmark case, '' Price Waterhouse v. Hopkins'' (), the Supreme Court ruled that direct evidence is not required for a plaintiff to prove that discrimination was a motivating factor in a "mixed-motive" case, i.e., a case in which an employer had both legitimate and illegitimate r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the act of making unjustified distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, disability, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Evidence
Direct evidence supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference. A witness relates what they directly experienced, usually by sight or hearing, but also possibly through any sense including smell, touch or pain.''State v. Famber'', 214 S.W.2d 40 (Mo. 1947). Circumstantial evidence, by contrast, consists of a fact or set of facts which, if proven, will support the creation of an inference that the matter asserted is true. For example, a witness who testifies that they saw the defendant shoot a victim gives direct evidence. A witness who testifies that they saw the defendant fleeing the scene of the crime, or a forensics expert who says that ballistics proves that the defendant's gun shot the bullet that killed the victim, both give circumstantial evidence from which the defendant's guilt may be inferred. See also *Hearsay *In flagrante delicto *Smoking gun *Digital evidence In evidenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Risk
Financial risk is any of various types of risk associated with financing, including financial transactions that include company loans in risk of default. Often it is understood to include only downside risk, meaning the potential for financial loss and uncertainty about its extent. A science has evolved around managing market and financial risk under the general title of modern portfolio theory initiated by Dr. Harry Markowitz in 1952 with his article, "Portfolio Selection". In modern portfolio theory, the variance (or standard deviation) of a portfolio is used as the definition of risk. Types According to Bender and Panz (2021), financial risks can be sorted into five different categories. In their study, they apply an algorithm-based framework and identify 193 single financial risk types, which are sorted into the five categories market risk, liquidity risk, credit risk, business risk and investment risk. Market risk The four standard market risk factors are equity ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex (including pregnancy, sexual orientation, and gender identity), religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group. Definition In neoclassical economics theory, labor market discrimination is defined as the different treatment of two equally qualified individu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McDonnell Douglas
McDonnell Douglas was a major American aerospace manufacturing corporation and defense contractor, formed by the merger of McDonnell Aircraft and the Douglas Aircraft Company in 1967. Between then and its own merger with Boeing in 1997, it produced well-known commercial and military aircraft, such as the DC-10 airliner, the F-15 Eagle air superiority fighter, the MD-80 airliner, and the F/A-18 Hornet multirole fighter. The corporation's headquarters were at St. Louis Lambert International Airport, near St. Louis, Missouri; its subsidiary, McDonnell Douglas Technical Services Company (MDTSC), was based elsewhere in St. Louis County, Missouri. At its peak in mid-1990, McDonnell Douglas employed 132,500 people. By the end of 1992, employment had dropped to approximately 87,400. History Background The company was formed from the firms of James Smith McDonnell and Donald Wills Douglas in 1967. Both men were of Scottish ancestry, were graduates of the Massachusetts Institute of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McDonnell Douglas Burden-shifting
In United States employment discrimination law, McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", that lacks direct evidence of discrimination. It was introduced by the United States Supreme Court in '' McDonnell Douglas v. Green'' and ''Texas Dept. of Community Affairs v. Burdine'' and has been elaborated on in subsequent cases. The McDonnell-Douglas framework is typically used when a case lacks direct evidence of discrimination. In other cases, courts may decide not to use the McDonnell-Douglas framework, and instead evaluate disparate treatment claims under the ''Price Waterhouse'' "mixed motive" framework. Framework The framework as currently applied by courts is as follows: #A plaintiff must first establish a ''prima facie'' case by a prepon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protected Class
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both. Canada "Prohibited grounds of discrimination" (french: motif de distinction illicite) in employment and housing are listed in the federal Canadian Human Rights Act as well as the provincial human rights codes. For examples the federal law lists: race, national or ethnic origin, colour, religion, age, sex, sexu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Animus Nocendi
In jurisprudence, () is the subjective state of mind of the perpetrator of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences. In most modern legal systems, the is required as an essential condition to give a penal condemnation. The is usually demonstrated by the verified presence of these elements: *knowledge of a law that prohibited the discussed action or conduct (unless there exists a systemic obligation, pending on every citizen, that considers that the law has to be known by every adult — in this case the knowledge is presumed ; see also ); *knowledge of the most likely consequences of his action; *precise intention of breaking the law or of causing the verified effects of the action. When the author of the crime had no , it is usually considered that the crime still exists, but the author is innocent, unless a responsibility for guilt Guilt may refer to: *Guilt (emotion), an emotion that occurs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inferen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Desert Palace Inc
A desert is a barren area of landscape where little precipitation occurs and, consequently, living conditions are hostile for plant and animal life. The lack of vegetation exposes the unprotected surface of the ground to denudation. About one-third of the land surface of the Earth is arid or semi-arid. This includes much of the polar regions, where little precipitation occurs, and which are sometimes called polar deserts or "cold deserts". Deserts can be classified by the amount of precipitation that falls, by the temperature that prevails, by the causes of desertification or by their geographical location. Deserts are formed by weathering processes as large variations in temperature between day and night put strains on the rocks, which consequently break in pieces. Although rain seldom occurs in deserts, there are occasional downpours that can result in flash floods. Rain falling on hot rocks can cause them to shatter, and the resulting fragments and rubble strewn over the de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history". Initially, powers given to enforce the act were weak, but these were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment, and its duty to protect voting rights under the Fifteenth Amendment. The legislation was proposed by President John F. Kennedy in June 1963, but it was opposed by f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
