What is a disparate treatment discrimination case?
Apr 17, 2016 · Thomas Sowell — ‘When people get used to preferential treatment, equal treatment seems like discrimination.’
Should unequal treatment be prohibited in society?
Feb 27, 2014 · the law’s goal was equal treatment under the law, and the language of the amendment reflected that simple message: “the state shall not discriminate against or grant preferential treatment to any...
Is it normal to distinguish between people and treat them equally?
In daily life we distinguish between people all the time, based on age, gender, background, you name it. We do not always treat everyone equally. Because everyone is not the same. So, it is normal to distinguish between people and to treat them unequally. In most cases, no one will care. But in some situations, it is not okay and even forbidden.
Does the University of Michigan have the right to choose equal treatment?
Dec 23, 2013 · Although this sounds counter-intuitive, equal treatment of all employees can be discriminatory and in violation of disability and other laws. The seminal case on this issues is US Airways, Inc. v Barnett (2002), decided by the US Supreme Court. In that case, the high court considered whether leave and other policies equally applied to all employees, regardless of …
What is the Michigan Civil Rights Initiative?
In 2006, Michigan voters passed Proposal 2, also known as the Michigan Civil Rights Initiative (MCRI), amending their state constitution to end preferential treatment based on race, ethnicity, or gender at public institutions. The law’s goal was equal treatment under the law, and the language of the amendment reflected that simple message: “The State shall not discriminate against or grant preferential treatment to any group or individual on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.” [2]
Why is the Schuette case important?
The Schuette case is important, and so is changing the law, but even if the Supreme Court decided today that racial preferences are unconstitutional, these policies would linger because public officials and school administrators continue to support them. In fact, they will continue to direct policy decisions until individuals are confronted with the moral and practical costs of treating people differently based on skin color or their ethnic heritage. It is easy to engage this subject in the realm of laws, statistics, and court cases, but the real people who are adversely affected by these policies are often overlooked. The stories of the victims of racial preferences reveal the hidden consequences of efforts to equalize outcomes and manufacture an ever-changing ideal of racial balance.
When was affirmative action first used?
The term “affirmative action” was first used by President John F. Kennedy in 1961 when he issued Executive Order 10925, requiring government contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.”.
What GPA did Ashley have?
Ashley graduated from high school at 16 years of age with a 4.3 GPA and scored a 32 on the ACT. [8] She was active in numerous extracurricular activities and, not surprisingly, was accepted into every college to which she applied. Ashley did not want racial admissions boosts, and she did not need them. She knew, however, that she would get them anyway because she happened to be black. Despite her hard work and impressive accomplishments, she feared ever having a bad day or getting an answer wrong in class lest her peers think she got accepted only because of her skin color.
When did the Michigan Civil Rights Initiative appear on the ballot?
When the Michigan Civil Rights Initiative appeared on the ballot in 2006, then-Senator Barack Obama recorded a radio ad urging viewers to vote against it. [20] He insisted that by not allowing policies that grant special treatment based on skin color, Michigan would undermine equal opportunity and reverse racial progress.
Who is Lee Bollinger?
Lee Bollinger is a prominent supporter of racial preferences and a self-proclaimed champion of diversity and equal opportunity. He was president of the University of Michigan when Barbara and I filed our lawsuits, and he publicly supported the university’s right to use race-based preferences throughout the legal proceedings. To him, a 20 percent boost for race meant “one of many factors,” and selectively distributing special treatment based on race was consistent with equal protection under the law.
Who is Barbara Grutter?
Barbara Grutter, the mother of two sons, applied to the University of Michigan Law School in 1996. [11] . Before applying, she had started a successful business, had graduated from Michigan State with a 3.8 GPA and high honors, and had scored 161 on the LSAT. She also happened to be white.
What is the pretext for discrimination?
Once the employer states a legitimate reason for the decision, the employee must prove that it's a pretext for discrimination. This doesn't mean the employee has to come up with absolute proof of an illegitimate motive. Instead, the employee has to present some evidence that calls the employer's stated reason into question and allows the jury to conclude that the employer was really motivated by discrimination. Here are some examples:
What is disparate treatment?
Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic. In other words, the employee alleges ...
How to prove a disparate treatment claim?
To prove a disparate treatment claim, an employee must first present enough evidence to allow the judge or jury to infer that discrimination took place.
What is prima facie case?
The Prima Facie Case. The type of evidence an employee has to present to prove a prima facie case of disparate treatment discrimination depends on the facts. If there is direct evidence of discrimination, that's enough. For example, if an employer hires only female bartenders or has said it will not promote African Americans to management ...
What is protected class?
The employee is a member of a protected class (for example, the employee is African American, female, or over the age of 40). The employee was qualified for a job benefit. For example, the employee applied—and was qualified—for an open position, or the employee held a position that he or she was performing adequately.
