Connecticut Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction
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FAQ
Making a prima facie case With federal disparate treatment claims under Title VII, employees do have the initial burden of proof. This means you must show that: You belong to a protected class ? that is, you're protected from discrimination on account of your race, color, national origin, religion or sex.
To prove disparate treatment, the employee (plaintiff) must first present a ?prima facie? case, meaning that he must present evidence that discrimination has occurred. This evidence can be either direct evidence or indirect (circumstantial) evidence.
For negative employment actions, a substantially greater selection rate will result in an impact ratio showing less than 80%. Such impact ratio suggests a disparate impact on that group.
§ 1981 must plead and has the ultimate burden of showing that race was a but-for cause of the plaintiff's injury, and that burden remains constant over the life of the lawsuit.
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; [9] and (4) establish causation.
The plaintiff in a disparate treatment case need only prove that membership in a protected class was a motivating factor in the employment decision, not that it was the sole factor.
The existence of illegal disparate treatment may be established either by statements revealing that a lender explicitly considered prohibited factors (overt evidence) or by differences in treatment that are not fully explained by legitimate nondiscriminatory factors (comparative evidence).
Making a prima facie case With federal disparate treatment claims under Title VII, employees do have the initial burden of proof. This means you must show that: You belong to a protected class ? that is, you're protected from discrimination on account of your race, color, national origin, religion or sex.