Wednesday, October 17, 2007

Employment discrimination - good article

The McDonnell-Douglas case has great importance in federal anti-discrimination law. For those employing fourteen or more employees or working for an employer with more than fourteen employees, you need to know about this case.

Kennedy Information Recruiting Trends published George Lenard's What Does Climbing the St. Louis Arch have to do with Proving Discrimination? The article lays out the case's importance here:

Eight long years passed. Finally, in 1973, the Supreme Court decided Green’s case. The decision, McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), became such a judicial landmark that even today courts cite it hundreds of times a year for its announcement of the following three-step analysis: 1. The court first looks at whether the person claiming discrimination has made a prima facie case. If not, the case is subject to dismissal without the employer presenting any evidence of its own. According to the McDonnell Douglas decision, a prima facie case of racial discrimination in hiring requires proof that the person:
  1. The court first looks at whether the person claiming discrimination has made a prima facie case. If not, the case is subject to dismissal without the employer presenting any evidence of its own. According to the McDonnell Douglas decision, a prima facie case of racial discrimination in hiring requires proof that the person:
    1. belongs to a racial minority;
    2. applied and was qualified for an open position, and was rejected.
  2. If it finds a prima facie case, the court then proceeds to the second part of the analysis, in which it looks at whether the employer stated a legitimate, nondiscriminatory reason for the rejection.
  3. Finally, if the employer stated such a reason, the court determines whether there is evidence it was not the true reason, but instead was a pretext to cover up discrimination.

I suggest reading the full article. It does a great job of explaining the case and how it applies to employment law.

Also, George Lenard has for many year published George's Employment Law Blog. I consider it a very good blog for employment law issues and news.