Civil Rights Act of 1990: Hearing Before the Committee on Labor and Human Resources, United States Senate, One Hundred First Congress, First Session, on S. 2104 ... February 23, 27, March 1, and 7, 1989, Volume 4U.S. Government Printing Office, 1990 - 1076 páginas |
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Página 13
... applied over a period of time with respect to blacks or women that resulted in women and blacks not being a proportion- ate part of the workforce , to show that there are blacks and women who have applied for those jobs , to show that 13.
... applied over a period of time with respect to blacks or women that resulted in women and blacks not being a proportion- ate part of the workforce , to show that there are blacks and women who have applied for those jobs , to show that 13.
Página 14
... applied for those jobs , to show that any explanation given by the employer , that when you factor it out , there still re- mains the fact that because of that particular qualification , blacks and women are not represented in the ...
... applied for those jobs , to show that any explanation given by the employer , that when you factor it out , there still re- mains the fact that because of that particular qualification , blacks and women are not represented in the ...
Página 37
... applied , discriminated against women . The new policy did not affect her until 1982 , when her relatively low seniority under the policy caused her to be demoted . She and those employees similarly situated would not have been demoted ...
... applied , discriminated against women . The new policy did not affect her until 1982 , when her relatively low seniority under the policy caused her to be demoted . She and those employees similarly situated would not have been demoted ...
Página 39
... applied only to the employment contract and not to harassment after the contract had been formed . The dissenting justices believed that the language of § 1981 was roomy enough to accommodate a sexual harassment claim if the plaintiff ...
... applied only to the employment contract and not to harassment after the contract had been formed . The dissenting justices believed that the language of § 1981 was roomy enough to accommodate a sexual harassment claim if the plaintiff ...
Página 50
... applied for jobs , who got promoted and everything , that you had a disparate workforce . Once you have been able to prove that , I think it is the employer that has to do it . The best case is that there were cases that were in the ...
... applied for jobs , who got promoted and everything , that you had a disparate workforce . Once you have been able to prove that , I think it is the employer that has to do it . The best case is that there were cases that were in the ...
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Termos e frases comuns
adverse impact affirmative action alleged applicants AT&T Technologies attorneys bill burden of persuasion burden of proof business necessity CHAIRMAN challenge City of Birmingham Civil Rights Act claims collateral attack Committee Congress consent decree consent judgment defendant denied discriminatory disparate impact district court due process EEOC employer employment decision employment discrimination employment practices factor fair federal fees filed Firefighters goals Griggs harassment hearing hiring intentional discrimination intervene issue Jefferson County judgment Justice labor market lawsuit legislation liability litigation Lorance Martin McLean Credit Union ment minorities motive nonparties parties Patterson percent persons plaintiff Price Waterhouse procedures promotion proposed protected prove punitive damages qualified question quotas race racial reason relief remedy result reverse discrimination rule S.Ct Section Senator HATCH Senator METZENBAUM settlement standard statute tion Title VII U.S. Supreme Court violation Wards Cove Wards Cove Packing Wilks women workforce workplace
Passagens mais conhecidas
Página 317 - ... bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise...
Página 27 - ... well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation...
Página 278 - The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
Página 340 - Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question.
Página 30 - Dear Mr. Chairman: I am writing in response to your letter of March 25, 1987.
Página 99 - Sadly, even after passage of the Civil Rights Act of 1964, the Voting Rights Act of 1965...
Página 210 - In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.
Página 66 - If an employer does then meet the burden of proving that its tests are "job related," it remains open to the complaining party to 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.
Página 20 - He hath disgraced me, and hindered me half a million; laughed at my losses, mocked at my gains, scorned my nation, thwarted my bargains, cooled my friends, heated mine enemies; and what's his reason? I am a Jew. Hath not a Jew eyes? hath not a Jew hands, organs, dimensions, senses, affections, passions?
Página 287 - ... whether a challenged practice serves, in a significant way, the legitimate employment goals of the employer. The touchstone of this inquiry is a reasoned review of the employer's justification for his use of the challenged practice. A mere insubstantial justification in this regard will not suffice, because such a low standard of review would permit discrimination to be practiced through the use of spurious, seemingly neutral employment practices.