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McDonnell Douglas Burden-shifting Formula
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 prep ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Discrimination Law In The United States
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers. Under federal employment discrimination law, employers generally cannot discriminate against employees on the basis of race, sex (including sexual orientation and gender ident ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Justice Powell
Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987. Born in Suffolk, Virginia, he graduated from both Washington and Lee Law School and Harvard Law School and served in the United States Army Air Forces during World War II. He worked for Hunton & Williams, a large law firm in Richmond, Virginia, focusing on corporate law and representing clients such as the Tobacco Institute. His Powell Memorandum became the blueprint for the rise of the American conservative movement and the formation of a network of influential right-wing think tanks and lobbying organizations, such as The Heritage Foundation and the American Legislative Exchange Council. In 1971, President Richard Nixon appointed Powell to succeed Associate Justice Hugo Black. He retired from the Court during the administration of President Ronald Reagan, and was even ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Age Discrimination In Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States (see ). In 1967, the bill was signed into law by President Lyndon B. Johnson. The ADEA prevents age discrimination and provides equal employment opportunity under the conditions that were not explicitly covered in Title VII of the Civil Rights Act of 1964. The act also applies to the standards for pensions and benefits provided by employers, and requires that information concerning the needs of older workers be provided to the general public. Scope of protection The ADEA includes a broad ban of age discrimination against workers, over the age of forty, and also specifically, the act prohibits: * discrimination in hiring, promotions, wages, and termination of employment and layoffs; * statements of specifications in age preference or limitations; * denial of benefits to older employee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reeves V
Reeves may refer to: People * Reeves (surname) * B. Reeves Eason (1886–1956), American director, actor and screenwriter * Reeves Nelson (born 1991), American basketball player Places ;Ireland * Reeves, County Kildare, townland in County Kildare ;United States * Reeves, Georgia, unincorporated community * Reeves, Louisiana, village in Allen Parish * Reeves County, Texas Companies and institutions * House of Reeves, furniture store in Croydon, London, England *Reeves and Sons, English artists' materials firm *Reeves College, college in Alberta, Canada *Reeves Instrument Corporation (RICO), Cold War manufacturer of computer and radar systems for the United States * Reeves Pulley Company, transmission and engine manufacturer in Columbus, Indiana founded by Milton Reeves Ships * USS ''Reeves'' (DE-94), ''Buckley''-class destroyer escort delivered to the Royal Navy as * , ''Buckley''-class destroyer escort launched 1943 * , ''Leahy''-class destroyer leader launched 1962 S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Requirements For A Prima Facie Case
In product development and process optimization, a requirement is a singular documented physical or functional need that a particular design, product or process aims to satisfy. It is commonly used in a formal sense in engineering design, including for example in systems engineering, software engineering, or enterprise engineering. It is a broad concept that could speak to any necessary (or sometimes desired) function, attribute, capability, characteristic, or quality of a system for it to have value and utility to a customer, organization, internal user, or other stakeholder. Requirements can come with different levels of specificity; for example, a requirement specification or requirement "spec" (often imprecisely referred to as "the" spec/specs, but there are actually different sorts of specifications) refers to an explicit, highly objective/clear (and often quantitative) requirement (or sometimes, ''set'' of requirements) to be satisfied by a material, design, product, or serv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Price Waterhouse V
A price is the (usually not negative) quantity of payment or compensation given by one party to another in return for goods or services. In some situations, the price of production has a different name. If the product is a "good" in the commercial exchange, the payment for this product will likely be called its "price". However, if the product is "service", there will be other possible names for this product's name. For example, the graph on the bottom will show some situations A good's price is influenced by production costs, supply of the desired item, and demand for the product. A price may be determined by a monopolist or may be imposed on the firm by market conditions. Price can be quoted to currency, quantities of goods or vouchers. * In modern economies, prices are generally expressed in units of some form of currency. (More specifically, for raw materials they are expressed as currency per unit weight, e.g. euros per kilogram or Rands per KG.) * Although prices ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion For Summary Judgement
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act to c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Texas Dept
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both area (after Alaska) and population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the most populous city in Texas and the fourth-largest in the U.S., while San Antonio is the second most populous in the state and seventh-largest in the U.S. Dallas–Fort Worth and Greater Houston are, respectively, the fourth- and fifth-largest metropolitan statistical areas in the country. Other major cities include Austin, the second most populous state capital ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McDonnell Douglas V
The McDonnell Aircraft Corporation was an American aerospace manufacturer based in St. Louis, Missouri. The company was founded on July 6, 1939, by James Smith McDonnell, and was best known for its military fighters, including the F-4 Phantom II, and crewed spacecraft including the Mercury capsule and Gemini capsule. McDonnell Aircraft later merged with the Douglas Aircraft Company to form McDonnell Douglas in 1967. History James McDonnell founded J.S. McDonnell & Associates in Milwaukee, Wisconsin, in 1928 to produce a small aircraft for family use.J.S. McDonnell & Associates, Early years: 1927-1938 (part 1) , Boeing.com. The economic depression from 1929 ruined his plans and the company collapsed. He went to work for |
