(Download) "The Implications of Psychological Research Related to Unconscious Discrimination and Implicit Bias in Proving Intentional Discrimination." by Missouri Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: The Implications of Psychological Research Related to Unconscious Discrimination and Implicit Bias in Proving Intentional Discrimination.
- Author : Missouri Law Review
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 393 KB
Description
I. INTRODUCTION In most cases alleging discrimination in violation of a federal statute or the U.S. Constitution, the plaintiff must prove disparate treatment, i.e., intentional discrimination. These cases arise under several federal statutes that prohibit race discrimination, (1) including (a) Title VII of the Civil Rights Act of 1964 (Title VII), (2) which prohibits employment discrimination based on race, sex, national origin, color and religion; (b) the Civil Rights Act of 1866, as amended in 1870 ([section] 1981), (3) which prohibits race discrimination in contracting, including employment; (c) Title VI of the Civil Rights Act of 1964 (Title VI), (4) which prohibits race discrimination in programs receiving federal financial assistance, but addresses employment discrimination only where the federal funds are intended for employment; (d) the Fair Housing Act (FHA), (5) which prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status and disability; (e) the Civil Rights Act of 1866, as amended in 1870 ([section] 1982), (6) which prohibits race discrimination in property transactions, including housing; and (f) the Civil Rights Act of 1871 ([section] 1983), (7) which provides a cause of action against state and local government for individuals claiming discrimination in violation of the U.S. Constitution. (8) While some of the statutes reach actions or practices that have a disproportionate impact on a protected class or group, (9) most plaintiffs filing a discrimination case allege disparate treatment.
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