LAW 664 Lecture Notes - Lecture 7: Affirmative Defense, Civil Rights Act Of 1964, Unix System Iii

• School: University of Illinois
• Department: Law
• Course: LAW 664
• Professor: S Thomas

Document Summary

But it"s questionable whether titles get any weight: before title vii affirmative action was permitted, possible congressional acquiesce to judicial branch. Johnson, there was no record of discrimination: analysis in johnson: affirmative action plan existed and defendants claimed it was meant to remedy discrimination, plan meant to eliminated imbalance in road dispatchers, not trammeling on other employee"s rights. No quotas and just one factor to consider from many: goal was to balance workforce and not maintain. It was temporary: majority: do not need to prove existing discrimination just manifest imbalance. 1983 claims: proving disparate impact, plaintiff has the burdens of persuasion and production to show prima facie case that a facially neutral practice has a disparate impact on a protected class, a particular employment practice. Cannot rely on bottom line statistics (wards cove) 2 general exceptions: bottom line exception in 1991 act (703(k)(1)(b)(i)); drug exception (703(k)(3): employer uses practice, significant impact, impact on protected group.