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Masculinity at WorkEmployment Discrimination through a Different Lens$
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Ann C. McGinley

Print publication date: 2016

Print ISBN-13: 9780814796139

Published to NYU Press Scholarship Online: January 2017

DOI: 10.18574/nyu/9780814796139.001.0001

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The Law of Disparate Treatment and Impact

The Law of Disparate Treatment and Impact

Chapter:
(p.109) 5 The Law of Disparate Treatment and Impact
Source:
Masculinity at Work
Author(s):

Ann C. McGinley

Publisher:
NYU Press
DOI:10.18574/nyu/9780814796139.003.0006

This chapter explains the different types of allegations of illegal discrimination available under Title VII of the Civil Rights Act and examines the proof constructs that the Supreme Court has applied to these types of discrimination, and the statutory changes of the 1991 Civil Rights Act. First, it deals with direct and indirect proof methods, single and mixed motives disparate treatment cases, proof by inference, and proof using the “motivating factor” test set forth in the 1991 Amendments to the statute as well as proof required in pattern and practice cases. Next, it explains the disparate impact cause of action, historically, and as amended by the 1991 Act, the business necessity defense, and the alternative employment practices surrebuttal.

Keywords:   1991 Civil Rights Act, alternative employment practices, business necessity, disparate impact, disparate treatment, mixed motives, motivating factor, proof constructs, single motive, Title VII

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