Florida 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
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.
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.
The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.
§ 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.
By its nature, ?disparate impact? evidence involves showing a disparity. Plaintiff must show that the extent of harm the policy or practice causes minorities and non-minorities is different.