Download or read book Title VII Prima Facie Cases written by Landmark Publications and published by . This book was released on 2018-05-22 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss the elements of a prima facie case under Title VII. * * * In addition to facing liability by creating a hostile work environment, an employer is liable under Title VII and § 1981 when it subjects an employee to disparate treatment. To show a prima facie case of disparate treatment, a plaintiff must offer evidence that "give[s] rise to an inference of unlawful discrimination." Sischo-Nownejad v. MercedCmty. Coll. Dist., 934 F.2d 1104, 1110 (9th Cir. 1991) (quoting Tex. Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 250, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)). One way to establish an inference of discrimination is by satisfying the prima facie elements from McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973): (1) the plaintiff belongs to a protected class, (2) he was performing according to his employer's legitimate expectations, (3) he suffered an adverse employment action, and (4) similarly situated employees were treated more favorably, or other circumstances surrounding the adverse employment action give rise to an inference of discrimination. Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1156 (9th Cir. 2010); Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1220 (9th Cir. 1998) (citing McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817). * * * Under the McDonnell Douglas burden-shifting framework, when the plaintiff demonstrates his prima facie case, the burden shifts to the defendant to provide a legitimate, non-discriminatory reason for the adverse employment action. Hawn, 615 F.3d at 1155. If the defendant meets this burden, then the plaintiff "must then raise a triable issue of material fact as to whether the defendant's proffered reasons ... are mere pretext for unlawful discrimination." Id.

Download or read book Title VII Prima Facie Cases written by Landmark Publications and published by Independently Published. This book was released on 2021-10 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss the elements of a Title VII prima facie case. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. At the Rule 12(b)(6) stage, our analysis of the Title VII claim is governed by Swierkiewicz v. Sorema N.A., 534 U.S. 506, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002)- and not the evidentiary standard set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under Swierkiewicz, we have explained, "there are two ultimate elements a plaintiff must plead to support a disparate treatment claim under Title VII: (1) an adverse employment action, (2) taken against a plaintiff because of her protected status." Cicalese v. Univ. of Texas Med. Branch, 924 F.3d 762, 767 (5th Cir. 2019) (quotations omitted) (citing Raj v. La. State Univ., 714 F.3d 322, 331 (5th Cir. 2013)). But "[a]lthough [a plaintiff does] not have to submit evidence to establish a prima facie case of discrimination [under McDonnell Douglas] at this stage, he [must] plead sufficient facts on all of the ultimate elements of a disparate treatment claim to make his case plausible." Chhim v. Univ. of Texas at Austin, 836 F.3d 467, 470 (5th Cir. 2016). And when a plaintiff's Title VII disparate treatment discrimination claim depends on circumstantial evidence, [ ] the plaintiff "will 'ultimately have to show' that he can satisfy the McDonnell Douglas framework." Cicalese, 924 F.3d at 767 (quoting Chhim, 836 F.3d at 470). "In such cases, we have said that it can be 'helpful to reference' that framework when the court is determining whether a plaintiff has plausibly alleged the ultimate elements of the disparate treatment claim." Id. (quoting Chhim, 836 F.3d at 470). Under McDonnell Douglas, a plaintiff must establish a prima facie case of discrimination. 411 U.S. at 802, 93 S.Ct. 1817. Specifically, a plaintiff must allege facts sufficient to support a finding "that he was treated less favorably than others outside of his protected class." Alkhawaldeh v. Dow Chem. Co., 851 F.3d 422, 427 (5th Cir. 2017). Olivarez v. T-Mobile USA, Inc., 997 F. 3d 595 (5th Cir. 2021)

Download or read book Title VII Prima Facie Cases written by Landmark Publications and published by Independently Published. This book was released on 2021-10-07 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss the elements of a Title VII prima facie case. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. In order to establish a prima facie case of retaliation under Title VII, 42 U.S.C. § 2000e-3(a), [a plaintiff] must show that "(1) he engaged in activity protected by Title VII; (2) his exercise of such protected activity was known by the defendant; (3) thereafter, the defendant took an action that was 'materially adverse' to the plaintiff; and (4) a causal connection existed between the protected activity and the materially adverse action." Laster, 746 F.3d at 730 (quoting Jones v. Johanns, 264 F. App'x 463, 466 (6th Cir. 2007)). [...] To prove causation in a Title VII retaliation case, a plaintiff must show that the employee's protected activity was a "but for" cause of the employer's adverse action against her, meaning the adverse action would not have occurred absent the employer's desire to retaliate. Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338, 352, 360, 133 S.Ct. 2517, 186 L.Ed.2d 503 (2013). In other words, "a plaintiff must produce sufficient evidence from which an inference could be drawn that the adverse action would not have been taken had the plaintiff not filed a discrimination action" or otherwise engaged in protected activity. Nguyen v. City of Cleveland, 229 F.3d 559, 563 (6th Cir. 2000). At the prima facie stage, this burden "is not onerous," and can be met through "evidence that defendant treated the plaintiff differently from similarly situated employees or that the adverse action was taken shortly after the plaintiff's exercise of protected rights." Id. George v. Youngstown State University, 966 F. 3d 446 (6th Cir. 2020)

Download or read book Hughes V Derwinski written by and published by . This book was released on 1993 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Equal Employment Opportunity Court Cases written by United States. Office of Personnel Management. Intergovernmental Personnel Programs and published by . This book was released on 1979 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Title IX Grievance Procedures written by and published by . This book was released on 1987 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Resolving ADA Workplace Questions written by David K. Fram and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual is a must-read collection of valuable authorities for plaintiffs, defendants and government enforcement officials. Author has set forth in a concise, user-friendly manner, the proof required at each stage of the ADA liability case. He has organized by topic the position of the EEOC and the courts on key issues. His presentation on EEOC positions, from amicus briefs and Commission decisions which most readers would be unlikely to find, is unique. So, too, is his compilation of scores of court decisions which are not officially published but are citable both in court and agency proceedings. Employers who submit position statements to the EEOC and state agencies would be well-advised to use this book as a guide throughout the administrative process. It provides a framework for analyzing the ADA charge, determining what factual information to collect for a defense, and evaluating the appropriateness of an early settlement before the other side is educated about the weaknesses in the employer's case. The text helps the employer articulate the reasons it is entitled to prevail based upon the statute, regulations, other EEOC publications, or court decisions. And, it gives the employer ammunition to rebut the relevance of the EEOC's request for information and to contest the EEOC's counter arguments.

Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Equal Employment Opportunity Court Cases written by United States Civil Service Commission. Bureau of Intergovernmental Personnel Programs and published by . This book was released on 1976 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Examples Explanations for Employment Discrimination written by Joel Wm. Friedman and published by Aspen Publishing. This book was released on 2023-11-17 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examples & Explanations: Employment Discrimination, well-known and highly respected author Joel Friedman utilizes the time-tested Examples and Explanations format to expand on employment law and include content based on recent changes to employment discrimination law. Comprehensive and easily understood, the Fifth Edition of Examples & Explanations: Employment Discrimination offers students a precise synopsis of employment discrimination law along with numerous deftly written questions to help students accurately and persuasively apply the applicable doctrine to the relevant facts. New to the Fifth Edition: Title VII: Reformulation of Undue Hardship Test for Religious Accommodation Cases under Title VII Title VII: Expansion of ministerial exception in religious accommodation cases under Title VII Title VII: narrowing of protection for opposition activity in retaliation claims under Title VII Title VII: expansion of sexual harassment claims under Title VII to include sex stereotyping Affirmative Action: Prohibition of use of race in university admissions policies Professors and students will benefit from: Includes references to all important developments through Supreme Court's 2022-2023 term

Download or read book Cases and Materials on Employment Discrimination written by Michael J. Zimmer and published by . This book was released on 1988 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book For All the People by All the People written by United States Commission on Civil Rights and published by . This book was released on 1969 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cases and Materials on Employment Discrimination written by Michael J. Zimmer and published by Aspen Publishers. This book was released on 2000 with total page 1224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Cases and Materials on Employment Discrimination Law written by Samuel Estreicher and published by West Academic Publishing. This book was released on 2008 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: This law school casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on substantive and procedural law, including in depth analysis of models of proof under Title VII, as well as of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation.

Download or read book Unequal written by Sandra F. Sperino and published by Oxford University Press. This book was released on 2017-05-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Download or read book Employment Discrimination written by Joseph A. Seiner and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1045 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. This streamlined, straightforward casebook offers a fresh perspective on employment discrimination law, presenting a procedural-based approach (lacking in other texts) with interactive materials. While still providing traditional coverage, this text emphasizes the importance of procedural issues in workplace cases. It includes a unique “best practices” chapter which discusses the most effective ways to address workplace discrimination, from both a theoretical and legal perspective. Numerous exercises and problems foster classroom discussion. Practice tips situate students in the role of a practicing lawyer. Modern, cutting-edge cases demonstrate the importance of employment discrimination law. Chapter-in-review sections, summary charts, and graphs are used throughout to further student comprehension. Text boxes within cases, historical notes, and news events effectively help bring the material to life. ?New to the 3rd Edition: Comprehensive treatment of the Supreme Court’s controversial and groundbreaking decision in Bostock v. Clayton County recognizing sexual orientation and transgender status as protected under Title VII’s employment discrimination provisions An examination of the rise of virtual work in the modern economy and the potential employment discrimination implications A look at how the pandemic has reconfigured the meaning of work in our society and the ways in which employment discrimination law may be impacted An examination of the contours of the ministerial exception in light of recent Supreme Court case law A more streamlined and accessible text Benefits for instructors and students: Focus on procedure (with theoretical underpinnings) to stimulate practical learning Comprehensive coverage, encompassing topics traditionally included in the course (statutory, regulatory, and administrative issues), but with a timely procedural focus integrated throughout Recent, topical cases which bring the issues to life for students and allow them to see how procedural issues are demonstrated in the employment discrimination context A unique chapter on best practices, which examines the proper training and complaint procedures that employers should have in place; explores policies and procedures for responding to employee reference requests; looks at emerging trends in the workplace, such as social media policies; and covers employee bullying Streamlined and straightforward presentation Interactive features (discussion problems, practice/procedural tips, class exercises, notes and questions, graphs/charts, etc.), to foster class discussion and student engagement Chapter-in-review

Download or read book Understanding the ADA written by William D. Goren and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revision of the author's Understanding the Americans with Disabilities Act.