LAW 310 Lecture Notes - Lecture 15: Civil Rights Act Of 1964, Skanska, Reverse Discrimination
Document Summary
Plaintiffs must show that: they were engaged in activity protected under title vii, they opposed practice prohibited by title vii, they suffered adverse employment decision/action, there was a casual link between protected activity & adverse employment decision. Protected activity must be related to either participation clause/opposition clause of section 704. Giving preference in hiring/promotion to qualified female/minority employees: employees who aren"t members of group may be at disadvantage for. Doesn"t require employers to enact affirmative action plans hiring/promotion: courts have ordered affirmative action when employer has been found in violation of title vii, ricci v. destefano: Used objective examinations to identify firefighters best qualified for promotion. When results of exam to fill vacant lieutenant & captain positions showed that white candidates had outperformed minority candidates, public debate ensued. Confronted w/ arguments both for & against certifying test results, city threw out results based on statistical racial disparity. Showing significant statistical disparity between white & black test-takers.
