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3 Cards in this Set

  • Front
  • Back

Charges and employer with intentional discrimination.

Adverse treatment theory

Acknowledges that the employer may not have intended to discriminate against a plaintiff, but a practice implemented by the employer had the effect of disadvantaging the group to which the plaintive belongs.

Adverse impact theory

In an adverse impact case, the burden is on Is the plaintive to show what 2 items?

1. He or she belongs to a protected group.


2. Members of the protected group were statistically disadvantaged Compared to majority employees or applicants. The uniform guideline suggests that using an 80%, or 4/5 will, press rule, rule to Demonstrate evidence of adverse impact.