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Mixed Motivation
"Mixed motive" discrimination is a category of discrimination under Title VII of the Civil Rights Act of 1964. Where the plaintiff has shown intentional discrimination in a mixed motive case, the defendant can still avoid liability for money damages by demonstrating by a preponderance of the evidence that the same decision would have been made even in the absence of the impermissible motivating factor. If the defendant establishes this defense, the plaintiff is then entitled only to declaratory and injunctive relief, attorney's fees, and costs. Orders of reinstatement, as well as the substitutes of back and front pay, are prohibited if a same decision defense is proven. 42 U.S.C. §2000e-5(g)(2)(B). In the landmark case, '' Price Waterhouse v. Hopkins'' (, the Supreme Court ruled that direct evidence is not required for a plaintiff to prove that discrimination was a motivating factor in a "mixed-motive" case, i.e., a case in which an employer had both legitimate and illegitimate r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Evidence
In law, a body of facts that directly supports the truth of an assertion without intervening inference. It is often exemplified by eyewitness testimony, which consists of a witness's description of their reputed direct sensory experience of an alleged act without the presentation of additional facts. By contrast, circumstantial evidence can help prove via inference whether an assertion is true, such as forensics presented by an expert witness. In a criminal case, an eyewitness provides direct evidence of the ''actus reus'' if they testify that they witnessed the actual performance of the criminal event under question. Other testimony, such as the witness description of a chase leading up to an act of violence or a so-called '' smoking gun'' is considered circumstantial. See also * * *Hearsay Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Risk
Financial risk is any of various types of risk associated with financing, including financial transactions that include company loans in risk of default. Often it is understood to include only downside risk, meaning the potential for financial loss and uncertainty about its extent. Modern portfolio theory initiated by Harry Markowitz in 1952 under his thesis titled "Portfolio Selection" is the discipline and study which pertains to managing market and financial risk. In modern portfolio theory, the variance (or standard deviation In statistics, the standard deviation is a measure of the amount of variation of the values of a variable about its Expected value, mean. A low standard Deviation (statistics), deviation indicates that the values tend to be close to the mean ( ...) of a portfolio is used as the definition of risk. Types According to Bender and Panz (2021), financial risks can be sorted into five different categories. In their study, they apply an algorith ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, gender, sex (including pregnancy, sexual orientation, and gender identity), religion, national origin, and physical or mental disability. State and local laws often protect additional characteristics such as marital status, veteran status and caregiver/familial status. Earnings differentials or occupational differentiation—where differences in pay come from differences in qualifications or responsibilities—should not be confused with employment discrimination. Discrimination can be intended and involve disparate treatment of a group or be unintended, yet create disparate impact for a group. Definition In neoclassical economics theory, labor market discrimination is defined as the different treatment of two equally qualified i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McDonnell Douglas
McDonnell Douglas Corporation was a major American Aerospace manufacturer, aerospace manufacturing corporation and defense contractor, formed by the merger of McDonnell Aircraft and the Douglas Aircraft Company in 1967. Between then and its own merger with Boeing in 1997, it produced well-known commercial and military aircraft, such as the McDonnell Douglas DC-10, DC-10 and the McDonnell Douglas MD-80, MD-80 airliners, the McDonnell Douglas F-15 Eagle, F-15 Eagle air superiority fighter, and the McDonnell Douglas F/A-18 Hornet, F/A-18 Hornet multirole combat aircraft, multirole fighter. The corporation's headquarters were at St. Louis Lambert International Airport, near St. Louis, Missouri. History Background The company was formed from the firms of James Smith McDonnell and Donald Wills Douglas, Sr., Donald Wills Douglas in 1967. Both men were of Scottish ancestry, were graduates of the Massachusetts Institute of Technology, and had worked for the aircraft manufacturer Glenn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McDonnell Douglas Burden-shifting
In United States employment discrimination law, ''McDonnell Douglas'' burden-shifting or the ''McDonnell-Douglas'' burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", that lacks direct evidence of discrimination. It was introduced by the United States Supreme Court in '' McDonnell Douglas v. Green'' and '' Texas Dept. of Community Affairs v. Burdine'' and has been elaborated on in subsequent cases. The ''McDonnell-Douglas'' framework is typically used when a case lacks direct evidence of discrimination. In other cases, courts may decide not to use the ''McDonnell-Douglas'' framework, and instead evaluate disparate treatment claims under the ''Price Waterhouse'' " mixed motive" framework. Framework The framework as currently applied by courts is as follows: #A plaintiff must first establish a ''prima facie' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protected Class
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both. Canada "Prohibited grounds of discrimination" () in employment and housing are listed in the federal Canadian Human Rights Act as well as the provincial human rights codes. For examples the federal law lists: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender ident ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Animus Nocendi
In jurisprudence, () is the subjective state of mind of the perpetrator of a crime, with reference to the exact knowledge of illegal content of his behaviour, and of its possible consequences. In most modern legal systems, the is required as an essential condition to give a penal condemnation. The is usually demonstrated by the verified presence of these elements: *knowledge of a law that prohibited the discussed action or conduct (unless there exists a systemic obligation, pending on every citizen, that considers that the law has to be known by every adult — in this case the knowledge is presumed ; see also ); *knowledge of the most likely consequences of his action; *precise intention of breaking the law or of causing the verified effects of the action. When the author of the crime had no , it is usually considered that the crime still exists, but the author is innocent, unless a responsibility for guilt can be found in his conduct: the typical case of a car accident ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumstantial Evidence
Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact, such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly, i.e., without need for any additional evidence or inference. Overview On its own, circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence may be required, so that each corroborates the conclusions drawn from the others. Together, they may more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out. Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that evidence relies on inference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Desert Palace Inc
A desert is a landscape where little precipitation occurs and, consequently, living conditions create unique biomes and ecosystems. The lack of vegetation exposes the unprotected surface of the ground to denudation. About one-third of the land surface of the Earth is arid or Semi-arid climate, semi-arid. This includes much of the Polar regions of Earth, polar regions, where little precipitation occurs, and which are sometimes called polar deserts or "cold deserts". Deserts can be classified by the amount of precipitation that falls, by the temperature that prevails, by the causes of desertification or by their geographical location. Deserts are formed by weathering processes as large variations in temperature between day and night strain the Rock (geology), rocks, which consequently break in pieces. Although rain seldom occurs in deserts, there are occasional downpours that can result in flash floods. Rain falling on hot rocks can cause them to shatter, and the resulting frag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
