North Dakota Jury Instruction - 1.2.1 Race And Or Sex Discrimination Discharge - Failure To Promote Including - Same Decision Defense
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FAQ
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.
Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic.
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.
[2] "Business necessity" is the defense to a claim of disparate impact under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. See 42 U.S.C.
An employment discrimination case in which there is evidence that the defendant employer had both lawful and discriminatory reasons for taking a particular adverse employment action.