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 22
... selection process has a sufficient connection with effective job performance or efficient business oper- ation . 36 The Department also argued that an employer's burden ought to be greater in a disparate impact case than in a disparate ...
... selection process has a sufficient connection with effective job performance or efficient business oper- ation . 36 The Department also argued that an employer's burden ought to be greater in a disparate impact case than in a disparate ...
Página 25
... selection criterion as job related . The issue , rather , is whether , in Judge Posner's apt phrase , there is reason to " dilute " the standard of job relatedness that has prevailed for half a generation . I submit that the change in ...
... selection criterion as job related . The issue , rather , is whether , in Judge Posner's apt phrase , there is reason to " dilute " the standard of job relatedness that has prevailed for half a generation . I submit that the change in ...
Página 26
... selection may be complex : it may , for example , involve consideration of multiple factors . And certainly if the factors combine to produce a single ultimate selection decision and it is not possible to challenge each one , the ...
... selection may be complex : it may , for example , involve consideration of multiple factors . And certainly if the factors combine to produce a single ultimate selection decision and it is not possible to challenge each one , the ...
Página 28
... selection factors or practices , which in some case meant a formal selection process made up of different parts . In other cases the combination was different employment practice which , while not part of a single and formalized selection ...
... selection factors or practices , which in some case meant a formal selection process made up of different parts . In other cases the combination was different employment practice which , while not part of a single and formalized selection ...
Página 134
... selecting official did not know that the white applicant's qualifications were superior at the time of selection ; 20 that the selecting official could not specify why he recommended the selectee and could not recall the selectivee's ...
... selecting official did not know that the white applicant's qualifications were superior at the time of selection ; 20 that the selecting official could not specify why he recommended the selectee and could not recall the selectivee's ...
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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.