BCOR 320 1nd Edition Lecture 32Chapter 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 protectionCivil 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
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