Theories of discrimination
Name
Institution of affiliation
Date
In the above case, there are two theories that can explain the discrimination experienced:
Disparate Treatment
a. Individual discrimination
b. less favored treatment based on protected group status
2. Disparate Impact
a. Policy or practice neutral on its face which has a disproportionate negative impact upon a protected group
b. Most often in a class action or pattern or practice suit
Burdens of Proof
1. Disparate Treatment
a. Burden always with complainant to prove intentional discrimination by the preponderance of the evidence
b. First, establish an inference of discrimination by establishing a prima facie case through:
1) Direct evidence
2) Indirect evidence/comparison of treatment by protected group
3) Historical treatment of protected group Burdens of Proof
C. If prima facie case, then employer must articulate a legitimate, nondiscriminatory reason for its actions
1. Reason must be sufficiently specific to allow complainant to prove that they are not true or believable
D. Complainant can still prevail by demonstrating pretex --that the employer’s articulated reason is not true or worthy of belief but merely a pretext for discrimination
Burdens of Proof
2. Disparate Impact
a. Complainant must show statistically that a neutral policy or practice has a negative impact upon his protected group
b. Once impact has been identified, the burden shifts to the employer to prove that there is a business necessity reason to use it; this is a difficult burden to overcome
Direct method
Under the direct method, an offended party tries to demonstrate that his enrollment in the secured class was an inspiring variable in the unfriendly employment activity.
1. He may offer direct evidence, e.g. that the respondent conceded that it was propelled by biased purpose or that it acted in accordance with a strategy that is unfair all over. Direct...