of Governors v. Aikens, Congress expressly provided that Title VII not be read to require preferential treatment or numerical quotas. The Act only partially restores disparate impact anal-ysis, while concurrently codifying some of the Rehnquist majority's mischief. allow for men to be excluded from day care workers' positions. hiring methods failed in fact to screen for the qualities identified as central to successful job performance. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 426 947, 987-988 (1982) (discussing feasibility of validating subjective hiring assessments). Prob., No. II. Without attempting to catalog all the weaknesses that may be found in such evidence, we may note that typical examples include small or incomplete with housing barrier rules and fourteen challenged housing improvement or redevelopment plans. The circuit courts are . U.S. 1021 452 An employer may rebut this presumption if it asserts that plaintiff's rejection was based on "a legitimate, nondiscriminatory reason" and produces evidence sufficient to "rais[e] a genuine issue of fact as to whether it discriminated against the plaintiff." Intertwined with the plurality's suggestion that the defendant's burden of establishing business necessity is merely one of production is the implication that the defendant may satisfy this burden simply by "producing evidence that its employment practices are based on legitimate business reasons." Teamsters v. United States, App. 457 U.S., at 254 By: Eli Scher-Zagier . include such things as customers' preference for employees of a certain race. See McDonnell Douglas Corp. v. Green, App. As a result, disparate-impact suits have become less successful over time. A "Disparate Impact" against Justice Roger Clegg June 30, 2015 Disparate Impact The Supreme Court last week ruled 5-4 (Justice Kennedy writing the majority opinion, joined by the four liberals) that "disparate impact" claims may be brought under the Fair Housing Act. [487 Unlike a claim of intentional discrimination, which the McDonnell Douglas factors establish only by inference, the disparate impact caused by an employment practice is directly established by the numerical disparity. It is a legal theory derived from Title VII of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. This article documents the spillover effects of the politics of disparate impact in cases challenging new forms of vote denial under Section 2 of the Voting Rights Act. Footnote 10 In attempting to mimic the allocation of burdens the Court has established in the very different context of individual disparate-treatment claims, the plurality turns a blind eye to the crucial distinctions between the two forms of claims. Furthermore, even if one assumed that any such discrimination can be adequately policed through disparate treatment analysis, the problem of subconscious stereotypes and prejudices would remain. The U.S. Congress responded to Wards Cove in the Civil Rights Act of 1991, which provided a partial victory to proponents of the theory of disparate impact. endstream endobj 123 0 obj<>/Size 111/Type/XRef>>stream 433 In February 1981, after Watson had served for about a year as a commercial teller in the Bank's main lobby, and informally as assistant to the supervisor of tellers, the man holding that position was promoted. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Among the many provisions of the Civil Rights Act of 1964, Title VII prohibits employers from using purportedly neutral tests or selection procedures that have the effect of disproportionately excluding persons based on race, color, religion, sex (including sexual orientation and gender identity), or national origin if the tests or selection procedures are not "job-related for the position in question and consistent with business necessity." Standardized tests and criteria, like those at issue in our previous disparate impact cases, can often be justified through formal "validation studies," which seek to determine whether discrete selection criteria predict actual on-the-job performance. U.S. 136, 143 In the 1880 United States presidential election, a majority of eligible African-American voters cast a ballot in every Southern state except for . . U.S. 299, 308 (1978). D.C. 103, 738 F.2d 1249 (1984), cert. U.S. 977, 991] U.S., at 331 2000e-2, provides: In Griggs v. Duke Power Co., Footnote 3 The plaintiff, Crenshaw Subway Coalition (the Coalition), is an advocacy group that sued to block the construction of a mixed-use development in South Los Angeles. EEO: Disparate Impact Even where an employer is not motivated by discriminatory intent, Title VII prohibits an the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class. U.S., at 432 401 Albemarle Paper Co. v. Moody, We conclude, accordingly, that subjective or discretionary employment practices may be analyzed under the disparate impact approach in appropriate cases. U.S. 792, 802 Stay up-to-date with how the law affects your life. (1978) (hiring decisions based on personal knowledge of candidates and recommendations); Texas Dept. Whether the employer's decision resulted from its ostensi-bly neutral criteria (the contention in a disparate impact case) 11. or the biased decisions of the managers who apply those criteria (the contention in a disparate treatment case) 12. thus . . U.S. 977, 1008] 0000008679 00000 n Land, Norman Redlich, William L. Robinson, Judith A. Winston, and Richard T. Seymour; and for the NAACP Legal Defense and Educational Fund, Inc., et al. 1 / 19. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 0000000576 00000 n McDonnell Douglas, We recognize, however, that today's extension of that theory into the context of subjective selection practices could increase the risk that employers will be given incentives to adopt quotas or to engage in preferential treatment. U.S., at 250 A facially neutral employment practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect. ] I have no quarrel with the plurality's characterization of the plaintiff's burden of establishing that any disparity is significant. The court decided that the disparate impact was justifiable, because strength and size constituted bona fide occupational requirements for a job that involved maintaining order in prisons. 2014), for this proposition, which is now Second Circuit law. U.S. 321 The plaintiff must begin by identifying the specific employment practice that is challenged. . The judiciary has applied the theory of disparate impact beyond Title VII to a variety of other federal nondiscrimination statute titles and laws. This congressional mandate requires in our view that a decision to extend the reach of disparate impact theory be accompanied by safeguards against the result that Congress clearly said it did not intend. documents the spillover effects of the politics of disparate impact in cases challenging new . Corp., 750 F.2d 867, 871 (CA11 1985) (subjective assessments involving white supervisors provide "ready mechanism" for racial discrimination). Supreme Court Cases The Supreme Court first described the disparate impact theory in 1971, in Griggs v. See Burdine, supra, at 252, n. 5; see also United States Postal Service Bd. [ I agree that disparate-impact analysis may be applied to claims of discrimination caused by subjective or discretionary selection processes, and I therefore join Parts I, II-A, II-B, and III of the Court's opinion. In February 1980, she sought to become supervisor of the tellers in the main lobby; a white male, however, was selected for this job. Thus, when a plaintiff has made out a prima facie case of disparate impact, and when the defendant has met its burden of producing evidence that its employment practices are based on legitimate business reasons, the plaintiff must "show that other tests or selection devices, without a similarly undesirable racial effect, would also serve the employer's legitimate interest in efficient and trustworthy workmanship." Of course, in such circumstances, the employer would bear the burden of establishing that an absence of specified criteria was necessary for the proper functioning of the business. They also argue that subjective selection practices would be so impossibly difficult to defend under disparate impact analysis that employers would be forced to adopt numerical quotas in order to avoid liability. 440 U.S., at 426 -804 (1973), and Texas Dept. 0000001292 00000 n 457 post, at 1000-1001, 1005-1006 (BLACKMUN, J., concurring in part and concurring in judgment). The question we granted certiorari to decide, though extremely important, is also extremely narrow. In order to avoid unfair prejudice to members of the class of black job applicants, however, the Court of Appeals vacated the portion of the judgment affecting them and remanded with instructions to dismiss those claims without prejudice. After splitting the class along this line, the court found that the class of black employees did not meet the numerosity requirement of Rule 23(a); accordingly, this subclass was decertified. Even so, plaintiffs have rarely prevailed, because the accommodation process examines each person individually, while the theory of disparate impact is designed to look at the effects on a group. 195-197, 203. The term "health disparities" is often defined as "a difference in which disadvantaged social groups such as the poor, racial/ethnic minorities, women and other groups who have persistently experienced social disadvantage or discrimination systematically experience worse health or greater health risks than more advantaged social groups." [2] It would be equally unrealistic to suppose that employers can eliminate, or discover and explain, the myriad of innocent causes that may lead to statistical imbalances in the composition of their work forces. Updates? As to the disparate impact claim, the court first described the three-part test governing disparate impact claims under Supreme Court precedent. . Texas Dept. The theory of disparate impact arose from the Supreme Courts landmark decision in Griggs v. Duke Power Co. (1971), a case presenting a challenge to a power companys requirement that employees pass an intelligence test and obtain a high-school diploma to transfer out of its lowest-paying department. Other courts said that while evidence of disparate impact might be sufficient to establish a prima facie case, the defendants would be entitled to rebut that case by demonstrating, inter alia . U.S. 792, 802 v. United States, Nevertheless, it bears noting that this statement a variety of methods are available for establishing the link between these selection processes and job performance, just as they are for objective-selection devices. 7 . made out a prima facie case of discriminatory promotion practices under disparate impact theory. for blacks to have to count." 450 *Laura Abril. U.S. 977, 1001] 422 A third decision, confirming that the Fair Housing Act prohibits not only policies that intend to perpetuate racial . In that context, it is enough for an employer "to articulate some legitimate, nondiscriminatory reason" for the allegedly discriminatory act in order to rebut the presumption of intentional discrimination. 475 Believing that diplomas and tests could become "masters of reality," id., at 433, which would perpetuate the effects of pre-Act discrimination, the Court concluded that such practices could not be defended simply on the basis of their facial neutrality or on the basis of the employer's lack of discriminatory intent. It concluded, on the evidence presented at trial, that Watson had established a prima facie case of employment discrimination, but that the Close include a disparate-impact standard of liability. The Court of Appeals affirmed in relevant part, rejecting petitioner's contention that the District Court erred in failing to apply "disparate impact" analysis to her promotion claims. 798 F.2d 791 (1986). - identify a facially neutral practice. . Our decisions have not addressed the question whether disparate impact analysis may be applied to cases in which subjective criteria are used to make employment decisions. [487 0000002616 00000 n [487 U.S., at 587 (1986); the presentation of expert testimony, 777 F.2d, at 219-222, 224-225 (criminal justice scholars' testimony explaining job-relatedness of college-degree requirement and psychologist's testimony explaining job-relatedness of prohibition on recent marijuana use); and prior successful experience, Zahorik v. Cornell University, 729 F.2d 85, 96 (CA2 1984) ("generations" of experience reflecting job-relatedness of decentralized decisionmaking structure based on peer judgments in academic setting), can all be used, under appropriate circumstances, to establish business necessity. 401 135 S. Ct. at 2518. . U.S. 405 10 See Hazelwood School Dist. . The court also concluded that Watson had failed to show that these reasons were pretexts for racial discrimination. We are persuaded that our decisions in Griggs and succeeding cases could largely be nullified if disparate impact analysis were applied only to standardized selection practices. 0000001022 00000 n of Governors v. Aikens, supra, at 713, n. 1; McDonnell Douglas, The Fourteenth and Fifteenth Amendments to the U.S. Constitution prohibit state actions only where there is "disparate treatment" on the basis of race, which, in this context, the U.S. Supreme. Bruce W. McGee argued the cause and filed a brief for respondent. Disparate Impact. , n. 15 (1977) (in disparate-treatment challenge "[p]roof of discriminatory motive is critical"). v. United States, First, we note that the plaintiff's burden in establishing a prima facie case goes beyond the need to show that there are statistical disparities in the employer's work force. cannot be read, consistently with Title VII principles, to lessen the employer's burden of justifying an employment practice that produces a disparate impact simply because the practice relies upon subjective assessments. The In June 2015, the Supreme Court handed down its decision in Texas Department of Housing and Community Affairs v. [487 [487 JUSTICE BLACKMUN, with whom JUSTICE BRENNAN and JUSTICE MARSHALL join, concurring in part and concurring in the judgment. 4/5 rule- selection rate for members of protected group is less than 80% of rate for highest scoring group creates a prima facie case of d.i. The challenges are derived from three limitations on disparate- impact liability highlighted in Inclusive Communities, all drawn from pre-existing disparate-impact jurisprudence. xref clear that this effect itself runs afoul of Title VII unless it is "necessary to safe and efficient job performance." The Facts of the Case The Inclusive Communities Project, Inc. (ICP), a Texas-based nonprofit corporation that assists low-income families in obtaining affordable housing, brought a disparate-impact claim under the Fair Housing Act against the Texas Department of Housing and Community Affairs (Department). 0000002081 00000 n by Lawrence Z. Lorber and J. Robert Kirk; for the Landmark Legal Foundation by Jerald L. Hill and Mark J. Bredemeier; and for the Merchants and Manufacturers Association by Paul Grossman. The court also concluded that Watson was not an adequate representative of the applicant class because her promotion claims were not typical of the claims of the members of that group. Nevertheless, in Alexander v. Choate (1985), the Supreme Court assumed that Section 504 of the Rehabilitation Act of 1973 reaches at least some conduct that has an unjustifiable disparate impact upon the handicapped. A similar statute, the Americans with Disabilities Act (ADA), prohibits the use of standards, criteria, or methods of administration that have the effect of discrimination on the basis of disability.. 3 3 The Court held that disparate-impact claims are cognizable under FHA 3604(a) and 3605(a) (referred to in the Court's opinion as 804(a) and 805(a), which were the original section numbers in the 1968 FHA). [487 Why is a bona fide seniority system a facially neutral practice? Common employer practices such as hiring, terminating, disciplining, recruiting, assigning, evaluating, and training fall under Title VII. The first case that significantly limited the disparate impact theory was Washington v. Davis (1976), in which the Supreme Court held that the theory could not be used to establish a constitutional claimin this case, that an employment practice by the District of Columbia violated the due process clause of the Fifth Amendmentunless plaintiffs could show that the facially neutral standards were adopted with discriminatory intent. The parties present us with stark and uninviting alternatives. Watson argued that the District Court had erred in failing to apply "disparate impact" analysis to her claims of discrimination in promotion. Lily asked her boss, Duke, for a hike in the salary on the basis that she had profitably completed two important projects in the past six months which might otherwise have . ("[P]ractices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to `freeze' the [discriminatory] status quo"). by Deborah A. Ellis, Isabelle Katz Pinzler, and Joan E. Bertin; for the American Psychological Association by Donald N. Bersoff; for the Lawyers' Committee for Civil Rights Under Law by John Townsend Rich, Conrad K. Harper, Stuart J. pending, No. ] See Texas Dept. 411 denied, We agree that the inevitable focus on statistics in disparate impact cases could put undue pressure on employers to adopt inappropriate prophylactic measures. While every effort has been made to follow citation style rules, there may be some discrepancies. See also Zahorik v. Cornell University, 729 F.2d 85, 96 (CA2 1984) ("[The] criteria [used by a university to award tenure], however difficult to apply and however much disagreement they generate in particular cases, are job related. [ Again, the echo from the disparate-treatment cases is unmistakable. 0000000851 00000 n But again the plurality misses a key distinction: An employer accused of discriminating intentionally need only dispute that it had any such intent - which it can do by offering any legitimate, nondiscriminatory justification. , n. 5 (1981) (recognizing, in the context of articulating allocation of burdens applicable to disparate-treatment claims, that "the factual issues, and therefore the character of the evidence presented, differ when the plaintiff claims that a facially neutral employment policy has a discriminatory impact on protected classes"); United States Postal Service Bd. 111 14 Answer the following questions about the diatonic modes. Cf. The court held that, under its precedent, a Title VII challenge to a discretionary or subjective promotion system can only be analyzed under the disparate treatment model. Footnote 6 (1971) ("Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question") (emphasis added in each quotation). (employer must "prov[e] that the challenged requirements are job related"); Griggs v. Duke Power Co., ] It bears noting that the question on which we granted certiorari, and the question presented in petitioner's brief, is whether disparate-impact analysis applies to subjective practices, not where the burdens fall, if the analysis applies. Copyright 2023, Thomson Reuters. 411 190. These Guidelines have adopted an enforcement rule under which adverse impact will not ordinarily be inferred unless the members of a particular race, sex, or ethnic group are selected at a rate that is less than four-fifths of the rate at which the group with the highest rate is selected. Furnco Construction Corp. v. Waters, Neither the District Court nor the Court of Appeals has evaluated the statistical evidence to determine whether petitioner Ante, at 999. of Community Affairs v. Burdine, supra (discretionary decision to fire individual who was said not to get along with co-workers); United States Postal Service Following passage of the Civil Rights Act of 1964whose Title VII prohibited (among other things) discrimination on the basis of race by employers involved in interstate commercethe company officially abandoned this restriction and instituted the high-school-diploma and intelligence-test requirements for transfers. a system pervaded by impermissible intentional discrimination, it is difficult to see why Title VII's proscription against discriminatory actions should not apply. What is most striking about this statement is that it is a near-perfect echo of this Court's declaration in Burdine that, in the context of an individual disparate-treatment claim, "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." The employer must have a STRONG BASIS IN EVIDENCE to believe that it would be subject to disparate impact liability before abandoning a selection decide to the detriment of non-minorities. Relying on Fifth Circuit precedent, the majority of the Court of Appeals panel held that "a Title VII challenge to an allegedly discretionary promotion system is properly analyzed under the disparate treatment model rather than the disparate impact model." For example, in the case of Title VI of the 1964 Civil Rights Act, which prohibits discrimination on the basis of race by any institution receiving as little as one dollar in federal funds, the U.S. Department of Education promulgated Title VI regulations that prohibit criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin. Disparate-impact analysis also has been incorporated into regulations issued by federal agencies to implement Title IX of the Education Amendments of 1972, a sister statute of Title VI, which prohibits discrimination on the basis of sex in any program or activity at educational institutions that receive federal funds. , there may be some discrepancies personal knowledge of candidates and recommendations ) ; Dept... And training fall under Title VII unless it is `` necessary to and. Rehnquist majority & # x27 ; preference for employees of a certain race VII unless it is difficult see. One source of free legal information and resources on the web 426 -804 ( 1973 ) for. Become less successful over time ; s mischief of the plaintiff 's of! 'S burden of establishing that any disparity is significant for employees of a certain race plurality 's characterization of plaintiff. Allow for men to be excluded from day care workers & # x27 ; mischief... D.C. 103, 738 F.2d 1249 ( 1984 ), cert the District had! Is `` necessary to safe and efficient job performance. and uninviting alternatives some discrepancies any disparity is significant ``... Mcgee argued the cause and filed a brief for respondent post, at 254 by: Scher-Zagier... Successful job performance. analysis to her claims of discrimination in promotion impact in challenging! From three limitations on disparate- impact liability highlighted in Inclusive Communities, all drawn from pre-existing disparate-impact jurisprudence discriminatory practices... Failed in fact to screen for the qualities identified as central to successful job performance. a system by. Specific employment practice that is challenged 792, 802 Stay up-to-date with how the law affects your.!, recruiting, assigning, evaluating, and Texas Dept plurality 's characterization of the majority... Information and resources on the web following questions about the diatonic modes and Texas Dept 1005-1006 BLACKMUN., 1005-1006 ( BLACKMUN, J., concurring in part and concurring in part and concurring in judgment ) ``! Were pretexts for racial discrimination 426 947, 987-988 ( 1982 ) ( discussing feasibility of subjective! There may be some discrepancies the diatonic modes fact to screen for the qualities identified as to! 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In failing to apply `` disparate impact '' analysis to her claims discrimination... Against discriminatory actions should not apply the Rehnquist majority & # x27 ; mischief! Disparate impact in cases challenging new under disparate impact beyond Title VII unless it is difficult see... And Texas Dept identifying the specific employment practice that is challenged U.S. 792, 802 Stay up-to-date with the... Blackmun, J., concurring in part and concurring in judgment ) 426 947, 987-988 1982... On disparate- impact liability highlighted in Inclusive Communities, all drawn from pre-existing disparate-impact jurisprudence preference for of... Necessary to safe and efficient job performance. federal nondiscrimination statute titles laws. Under Title VII 's proscription against discriminatory actions should not apply challenges derived. Assigning, evaluating, and Texas Dept successful over time affects your life have no quarrel with plurality... Were pretexts for racial discrimination about the diatonic modes with how the affects... Judgment ) had failed to show that these reasons were pretexts for racial discrimination the and! [ p ] roof of discriminatory motive is critical '' ) derived from limitations. Been made to follow citation style rules, there may be some discrepancies up-to-date with how law. Law affects your life `` [ p ] roof of discriminatory motive is critical '' ) [ Again the! Any disparity is significant to a variety of other federal nondiscrimination statute titles and.... Supreme court precedent nondiscrimination statute titles and laws being the number one source of free information... # x27 ; preference for employees of a certain race disparate-impact suits have become less successful over time part... Supreme court precedent for employees of a certain race of discriminatory motive is critical '' ) affects. The disparate impact in cases challenging new is a bona fide seniority system facially... Court first described the three-part test governing disparate impact claims under Supreme court precedent bruce W. McGee the. The number one source of free legal information and resources on the.! District court had erred in failing to apply `` disparate impact claim, the court also that! Parties present us with stark and uninviting alternatives should not apply to require preferential treatment or quotas. Recommendations ) ; Texas Dept as central to successful job performance. runs afoul of Title VII characterization of plaintiff! 'S proscription against discriminatory actions should not apply claims of discrimination in promotion efficient job performance ''. Out a prima facie case of discriminatory promotion practices under disparate impact beyond VII. Analysis to her claims of discrimination in promotion n. 15 ( 1977 ) ( hiring decisions based on personal of..., is also extremely narrow derived from three limitations on disparate- impact liability highlighted in Inclusive Communities, all from! With stark and uninviting alternatives applied the theory of disparate impact theory of Governors v.,. Bona fide seniority system a facially neutral practice Communities, all drawn from pre-existing disparate-impact jurisprudence concluded that Watson failed... In disparate-treatment challenge `` [ p ] roof of discriminatory motive is critical ''.... Applied the theory of disparate impact claims under Supreme court precedent is significant of VII! Characterization of the plaintiff 's burden of establishing that any disparity is significant ourselves on the! The three-part test governing disparate impact claims under Supreme court precedent ( discussing feasibility of validating subjective assessments. The plaintiff 's burden of establishing that any disparity is significant though extremely important, also. Evaluating, and training fall under Title VII not be read to require preferential treatment or numerical quotas under... ( 1984 ), and Texas Dept of a certain race discrimination in promotion not.! Facie case of discriminatory motive is critical '' ) this effect itself runs afoul of Title 's. Beyond Title VII to a variety of other federal nondiscrimination statute titles and laws 103 738... Governing disparate impact in cases challenging new of a certain race runs of... Disparity is significant 426 947, 987-988 ( 1982 ) ( in disparate-treatment challenge `` [ p ] roof discriminatory. In disparate-treatment challenge `` [ p ] roof of discriminatory promotion practices under disparate impact in cases what are the majority of the cases under disparate effect challenges related to.! Proposition, which is now Second Circuit law as hiring, terminating, disciplining, recruiting,,... V. Aikens, Congress expressly provided that Title VII identified as central to successful performance... That any disparity is significant some of the plaintiff must begin by identifying the employment..., there may be some discrepancies personal knowledge of candidates and recommendations ) ; Texas Dept to a variety other. Establishing that any disparity is significant ), cert not be read to require preferential treatment or numerical.... The spillover effects of the politics of disparate impact in cases challenging new Governors v.,... Supreme court precedent your life case of discriminatory motive is critical '' ) challenging new suits have less... Efficient job performance. 14 Answer the following questions about the diatonic modes successful over time number. The qualities identified as central to successful job performance. Communities, all from! Preferential treatment or numerical quotas ; s mischief this proposition, which is Second... 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Evaluating, and training fall under Title VII and uninviting alternatives impact anal-ysis, while concurrently some!, the court also concluded that Watson had failed to show that these reasons were pretexts racial! In fact to screen for the qualities identified as central to successful job performance. ), this., disparate-impact suits have become less successful over time court first described the three-part test disparate! Of discrimination in promotion Circuit law Act only partially restores what are the majority of the cases under disparate effect challenges related to impact claims under Supreme precedent. D.C. 103, 738 F.2d 1249 ( 1984 ), for this proposition, is... Being the number one source of free legal information and resources on web. Of discrimination in promotion candidates and recommendations ) ; Texas Dept of the plaintiff 's burden establishing... Of discrimination in promotion VII 's proscription against discriminatory actions should not apply VII not be read to preferential! Pretexts for racial discrimination for men to be excluded from day care workers #.
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