prima facie evidence of adverse impact discrimination

• From colorblindness to antibalkanization: an emerging ground of decision in race equality cases.

... on the Law and Politics of Disparate Impact Law B. The Ricci Facts C. Ambiguities in Ricci's H...Transporting the Logic of Reverse Discrimination Cases to New Contexts CONCLUSION Whenever this iss... especially by those individuals who are adversely affected by a given classification." (52) But in B... judiciary is the branch of government primarily responsible for vindicating equality values, the a... an employer needed a strong basis in evidence that the statute was violated before it could thro...If the complaining party makes out a prima facie case of discrimination by showing that "the tests ...

• Yale Law Journal
• Vol. 120 Nbr. 6, April 2011

• Ricci v. DeStefano, 557 U. S. (2009)

... for adopting a practice having a disparate impact on minority firefighters. The District Court grant... intentional acts of employment discrimination based on race, color, religion, sex, and national ... but in fact have a disproportionately adverse effect on minorities, §2000e2(k)(1)(A)(i) (dispar...Once a plaintiff has established a prima facie case of disparate impact, the employer may d... the employer must have a strong basis in evidence to believe it will be subject to disparate-impact ...

• U.S. Supreme Court

• United States v. New York City Bd. of Educ., (2nd Cir. 2011)

...43  III.  Prima Facie Case and Defenses ............................. V.  Strong Basis in Evidence ........................................... 75  ...103  1.  Testing Discrimination ............................................ 103 ... of Title VII's prohibition of disparate impact selection measures. The suit alleged that the City... trammel" the interests of adversely affected third parties. NYC Board III, 448 F. Supp...

• Federal Circuits

• The Mixed-Case Dilemma in Federal Sector Employment Appeals: Why Merits Systems Protection Board (Mspb) Administrative Judges Should Be Permitted to Reach the Merits of Discrimination Claims in Mixed Constructive Removals Where Non-Frivolous Allegations Are Successfully Alleged yet Jurisdiction Is Lacking

The MSPB is an independent federal agency created to ensure all federal government agencies follow federal merit systems principles.4 The MSPB does this by adjudicating personnel actions of agency federal employees, and by conducting special reviews and studies of federal merit systems.5 The MSPB's appellate jurisdiction is relatively expansive.6 However, the overwhelming majority of agency personnel actions appealed to the MSPB fall within a relatively small category of actions including, but not limited to: removals,7 suspensions for more than fourteen days, reductions in grade, and reductions in pay.8 The Equal Employment Opportunity Commission (EEOC) has jurisdiction over employment discrimination issues raised in the federal government's role as an employer.9 In this regard, the EE...

...A constructive adverse action arises when an agency's conduct leaves an e... it back to the MSPB for additional evidence to the extent the EEOC considers it necessary to s... allegation is based on facts to support a prima facie case of discrimination, or is nonfrivolous. ... are significant and can substantially impact the outcome of a case as they did in Davis. Despit...

• Army Lawyer, The
• Nbr. 4/2008, April 2008

• 29 Fair Empl.Prac.Cas. 1027, 30 Fair Empl.Prac.Cas. 605, 30 Empl. Prac. Dec. P 33,026 James Gay, Leonard Whitman, Frederick Mcdowell, Douglas Lee, Gary Dennis and Loyal Graham, on Behalf of Themselves and all Persons Similarly Situated, Plaintiffs-Appellants, v. Waiters' and Dairy Lunchmen'S Union, Local No. 30; Dining Room Employees Union, Local No. 9; Hotel and Restaurant Employees & Bartenders Union, Local No. 2; the St. Francis Hotel Corporation, a Delaware Corporation; Hilton Hotels Corp., a Delaware Corporation D/B/a San Francisco Hilton & Tower, Defendants-Appellees., 694 F.2d 531 (9th Cir. 1982)

... of proof, the proper role of statistical evidence, and the appropriate standard of appellate review in employment discrimination actions brought pursuant to 42 U.S.C. Sec. 1981. P... that the waiters had failed to establish a prima facie case of intentional discrimination on their ...A prima facie "disparate impact" case under Title VII may therefore be established... its face, is shown to have a substantial, adverse impact on some group protected by Title VII, the p...

• Federal Circuits

• Leased Commercial Access:

...In addition, we have described impacts that might affect small businesses, which includes... demonstrate in its complaint to establish a prima facie case of a program carriage violation;. Provi... actionable as a potential form of discrimination on the basis of affiliation and adopting other mea... power held by cable operators would adversely impact programming vendors, noting that. ``program... cite uncertainty concerning the evidence a complainant must provide to establish a prima fa...

• FR, September 29, 2011
• Rules
• Federal Communications Commission

• How the Diversity Rationale Lays the Groundwork for New Discrimination: Examining the Trajectory of Equal Protection Doctrine

This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of a prima facie equal protection violation. The second-violation cases-are instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications for non-existent Equal Protection Clause violations, when in f...

...X. LOOKING TO THE FUTURE: THE POTENTIAL IMPACT OF PARENTS Involved ......................... 644.... where the Court already has evidence of a prima facie Equal Protection Clause violation... of," not merely "in spite of," its adverse effects upon an identifiable group.102. Thus, it i...

• The William and Mary Bill of Rights Journal
• Vol. 17 Nbr. 3, March 2009

• Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

... Amendment (forbidding racial discrimination in elections). The Fourteenth Amendment was the mo...There is here abundant evidence that there exists some strange misconception of th... the wake of industrial expansion, and the impact of such legislation on property rights. The added ...Similarly, a primary duty of a public utility is to serve all those who... opportunity to confront and cross-examine adverse witnesses." Where the "evidence consists of the t... or group of facts shall constitute prima facie evidence of a main or ultimate fact will be sustai...

• Constitution of the United States (Annotated)

• Carleen Black v. Pan American Laboratories, et al, (5th Cir. 2011)

..., Pamlab, alleging various sex discrimination claims and a retaliatory termination claim under T..., arguing that there was insufficient evidence to support the jury’s liability and punitive dam.... To establish a prima facie case of discrimination under Title VII and t... legitimate, nonretaliatory reason for the adverse employment action. McCoy v. City of Shreveport, 49... the jury was instructed was the Disparate Impact Theory. Further, Black’s cou...

• Federal Circuits

• Connecticut v. Teal, 457 U.S. 440 (1982)

... alone were insufficient to support a prima facie case of disparate impact in violation of Tit... a prima facie case of employment discrimination under 703(a)(2) of Title VII, which makes it an un... indicated a prima facie case of adverse impact upon minorities, the result of the entire h... Act may be established by statistical evidence showing that an employment practice has the effect...

• U.S. Supreme Court