Maine Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense
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FAQ
If an employee makes a claim of disparate treatment against his employer, it means that he believes that his employer has discriminated against him based on his membership in a protected class (race, religion, gender, national origin, sexuality, disability or other ?difference?).
An affirmative defense to damages under Title VII of the Civil Rights Act of 1964 available if the employer can demonstrate that it would have taken the same action even in the absence of discrimination.
Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses. Under the Federal Rules of Civil Procedure Rule 56, any party may make a motion for summary judgment on an affirmative defense.
If the ?same decision? defense is proven (i.e., they would have made the same decision even without the discriminatory motive, although unlawful conduct has occurred), remedies are extremely limited.
When the defendant is asserting a ?same decision? (or ?same action?) affirmative defense in a ?mixed motive? case, it may be appropriate to allow the plaintiff to choose between the two versions of the second element shown above.
Common Employer Defenses to Harassment & Discrimination Claims Discrimination Defense: The Employer Had a Non-Discriminatory Motive. ... Discrimination Defense: The Rule or Policy Advanced a Business Purpose. ... Harassment Defense: The Employee Welcomed the Conduct. ... Harassment Defense: The Employer Didn't Know.