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 6
... cause of people failing to gravitate to jobs and employers in accord with the laws of chance . It would be equally unrealistic to suppose that employers can eliminate , or discover and explain , the myriad of innocent causes that may ...
... cause of people failing to gravitate to jobs and employers in accord with the laws of chance . It would be equally unrealistic to suppose that employers can eliminate , or discover and explain , the myriad of innocent causes that may ...
Página 7
... causes that may lead to statistical imbal- ances in the composition of their work forces . ' " -Once the plaintiff makes ... cause an erosion of standards and force employ- ers to adopt quotas in order to avoid liability . -The burden of ...
... causes that may lead to statistical imbal- ances in the composition of their work forces . ' " -Once the plaintiff makes ... cause an erosion of standards and force employ- ers to adopt quotas in order to avoid liability . -The burden of ...
Página 18
... causing them in many instances not to realize that blacks have the same yearnings , feelings , ambitions and standards of conduct ... cause is just , justice and fairness will be done . 7 of bold legislative initiatives . For years , as 18.
... causing them in many instances not to realize that blacks have the same yearnings , feelings , ambitions and standards of conduct ... cause is just , justice and fairness will be done . 7 of bold legislative initiatives . For years , as 18.
Página 26
... causes a substantial ad- verse impact ; the plaintiff under Wards Cove is required , on pain of dismissal , to ... cause " of the dis- missal in such a case . The proposed legislation will not affect this aspect of Price Waterhouse ...
... causes a substantial ad- verse impact ; the plaintiff under Wards Cove is required , on pain of dismissal , to ... cause " of the dis- missal in such a case . The proposed legislation will not affect this aspect of Price Waterhouse ...
Página 27
... cause a loss of wages , making backpay inappropriate , that action may cause other harms which would be redressable under the new language of the bill author- izing compensatory damages . The dismissal of a black employee , for example ...
... cause a loss of wages , making backpay inappropriate , that action may cause other harms which would be redressable under the new language of the bill author- izing compensatory damages . The dismissal of a black employee , for example ...
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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.