Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.
Title Vii Of The Civil Rights Act Of 1964 And Affirmative Action In Cook
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Multi-State
County:
Cook
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US-000296
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FAQ
Affirmative action provides a preventative mechanism for universities, particularly publicly funded universities, to preserve the sanctity of Title VI by ensuring their admissions practices do not enable discrimination on the basis of race, color, or national origin.
In a 6-2 decision written by Chief Justice John Roberts, the Supreme Court held that using race as a factor in college admissions violates the equal protection clause. The majority acknowledged that the equal protection clause protects students from discrimination based on race.
Employers, labor organizations and other persons subject to title VII may take affirmative action based on an analysis which reveals facts constituting actual or potential adverse impact, if such adverse impact is likely to result from existing or contemplated practices. (b) Effects of prior discriminatory practices.
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.” ...
Examples of Title VII violations include: Making sexist comments that a woman belongs in the kitchen as opposed to an office. Denying a job offer to an African American job applicant who is as qualified as the Caucasian applicant you hired. Refusing to allow Muslims prayer time throughout the day.
Affirmative action or diversity program. Several U.S. Courts of Appeals and district courts have determined that Title VII does not permit an employer with a racially balanced workforce to grant a nonremedial racial preference in order to promote racial diversity.
Direct evidence. Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
The analysis is as follows: (1) the plaintiff must establish a prima facie case of discrimination; (2) the employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions; and (3) in order to prevail, the plaintiff must prove that the employer's stated reason is a ...