BCOR 320 1nd Edition Lecture 32 Chapter 18 Employment Discrimination The United States Constitution Fifth Amendment Prohibits the federal government from Depriving individuals of life liberty or property without due process of law Fourteenth Amendment Prohibits state governments from Violating an individual s right to due process and equal protection Civil Rights Act of 1866 Title VII Illegal for employers with 15 or more employees to discriminate on the basis of race color religion sex or national origin Prohibited activities Disparate treatment Step 1 Plaintiff presents evidence that He belongs to a protected category He was treated differently from other similar people who are not protected Prima facie From Latin meaning from its first appearance something that appears true upon first look Prohibited activities Disparate treatment Step 2 Defendant must present evidence that its decision was based on legitimate nondiscriminatory reasons Step 3 To win plaintiff must prove that the employer intentionally discriminated by showing that These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Reasons offered were simply pretext Discriminatory intent is more likely than not
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