Proving ADA discrimination: the Courts' view
Article Abstract:
Various forms of discrimination under Title VII and other statutes dictate different methods of proving discrimination, and discrimination suits under the Americans with Disabilities Act (ADA) are no exception. ADA actions do fit reasonably well into the framework set forth by the US Supreme Court in McDonnell Douglas Corp. v. Green. The elements of an ADA prima facie case include showing that the plaintiff is within the protected class, that the plaintiff met qualifications for the job, that the plaintiff was rejected for the job or promotion and that the employer still sought applicants.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1996
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Proving Title VII religious discrimination
Article Abstract:
Employment discrimination based on religion is prohibited under Title VII of the Civil Rights Act of 1964. The employer must make a reasonable accommodation to the employee's religious belief when it conflicts with an employment requirement. What constitutes reasonable accommodation is decided on a case-by-case basis. Seniority systems, standards of undue hardship, de minimis cost and cases involving religious hardship are also discussed. The U.S. Supreme Court case of Trans World Airlines v. Hardison has been important in delineating reasonable accommodation and undue hardship.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
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Proving Title VII sexual harassment: the courts' view
Article Abstract:
Sexual harassment claims are of two kinds: denial of tangible aspects of a position, such as raises, or a work environment so hostile that it constitutes harassment. Evidence for a sexual harassment claim can be broken down into five parts. First, the employee must be a member of a protected group; second, the harassment must be unwelcome; third and fourth, the harassment was sexual in nature and related to tangible job benefits; fifth, the harassment was the employer's liability. Hostile environment harassment is more difficult to prove.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
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