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4 Cards in this Set
- Front
- Back
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Discriminatory intent (defined)
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This implies more than intent as volition or as an awareness of consequences. It implies that the decisionmaker selected or reaffirmed a course of action at least in part "because of" its adverse effects upon an identifiable group.
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Personnel Administrator v. Feeney (holding)
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It is not unconstitutional/against equal protection for the state to grant veterans an absolute hiring preference, even though the effect of this is to greatly diminish the ability of women to compete for the same positions.
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Proof structure for individual disparate treatment case
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1. P's prima facie case
2. D's chance to rebut with showing of a legitimate nondiscriminatory reason (LNR) 3. P's chance to rebut D's LNR by showing it to be false or a pretext. |
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Prima facie case for individual disparate treatment
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1. P part of protected class
2. P applied for the job and was minimally qualified 3. P was not hired 4. D held the position open/continued to seek others similarly qualified |
