Burden Shifting Analysis Explained

Summary

In employment discrimination cases, a burden shifting analysis allows plaintiffs two opportunities to prove discrimination. First, they must establish a prima facie case of discrimination. If successful, the burden shifts to the employer to provide a legitimate, non-discriminatory reason for their actions. The plaintiff then has a second chance to demonstrate that the employers reason is a pretext for discrimination. This analysis is crucial in cases involving claims under statutes like Title VII of the Civil Rights Act of 1964.

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Strict scrutiny analysis requires the state actor to prove a rule or policy is necessary to achieve a compelling government interest. Group of answer choices true false
True. In a strict scrutiny analysis, the state actor must demonstrate that the rule or policy is necessary to achieve a compelling government interest.
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A plaintiff making an equal protection disparate impact claim must show actual proof of intentional racial discrimination. Group of answer choices true false
False. In an equal protection disparate impact claim, the plaintiff does not need to show actual proof of intentional racial discrimination. Instead, the claim focuses on the disproportionate adverse effect of a policy or practice on a particular racial group.
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In claiming disparate treatment, a plaintiff must prove that a policy that is neutral on its face has a disproportionately discriminatory effect on members of a protected group. Group of answer choices true false Flag question: Question *
Case Rating: *
The correct answer to the question is false. In a disparate treatment claim, the plaintiff must prove intentional discrimination, not just a policy's disparate impact.
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The NCAA's prohibition with respect to the use of Native American names and mascots does not apply to certain schools, such as Florida State University and the University of Utah, because those schools used the names and mascots before the prohibition came into effect and are therefore grandfathered in. Group of answer choices True False
Case Rating: *
The correct answer to the question about the NCAA's prohibition on the use of Native American names and mascots is False. The NCAA's policy allows exceptions not because of a "grandfathered" status, but typically because these schools have received permission from the respective Native American tribes to use their names and mascots.
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The Lanham Act provision disallowing terms or phrases that "may disparage" persons of a particular background from receiving federal trademark protection is a First Amendment free speech violation. Group of answer choices true false
Case Rating: *
The statement about the Lanham Act and the First Amendment is complex and has been a subject of significant legal debate. The U.S. Supreme Court addressed this in the case of Matal v. Tam (*), ruling that the disparagement clause of the Lanham Act violates the First Amendment's free speech clause.
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A high school assistant coach believes that she was more qualified for promotion to head coach, but a lesser qualified Caucasian was hired instead. Under what statute should the assistant coach file a claim? Group of answer choices Title VII Equal Employment Opportunity Act Title VI None of the above
Case Rating: *
The assistant coach should file a claim under Title VII of the Civil Rights Act of *, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
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A rural community has a growing Latino population and petitions the school board to start a soccer team at the high school. The athletics director posts a position announcement and * people apply for the job. Three Latino applicants are interviewed and one is hired. A local coach (Caucasian) believes he is significantly more qualified than the candidate that was hired. He decides to sue the school for discrimination when he discovers that only Hispanic applicants were interviewed. Under which statute should the local coach make his claim? Group of answer choices Title VI Title VII Title IX All of the above
Case Rating: *
The local coach should file a claim under Title VII of the Civil Rights Act of *, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
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Does Title VII protect white people
Case Rating: *
Yes, Title VII of the Civil Rights Act of * protects individuals of all races, including white people, from employment discrimination based on race, color, religion, sex, and national origin.
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Which of the following organizations is required to comply with Title VI: Group of answer choices A locally funded community based recreation program A private high school that receives federal funding for the school lunch program A church that receives state funds for a pre-school program All of the above
Case Rating: *
Title VI of the Civil Rights Act of * applies to any program or activity receiving federal financial assistance. Thus, the correct answer is:
- A private high school that receives federal funding for the school lunch program
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A high school athlete claims that the new NCAA rules requiring * core courses in order to qualify for an athletic scholarship unfairly discriminates based on race because many predominately non-white high schools can’t afford to offer the necessary courses, resulting in a disproportionate number of non-qualifiers that are persons of color. If the athlete files a lawsuit against the NCAA, what claim might succeed? Group of answer choices Equal Protection Title VI Title VII None of the above
Case Rating: *
The most appropriate claim for the high school athlete would be under Title VI of the Civil Rights Act of *. Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
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The NFL's Rooney rule requires that all clubs/teams in the league interview at least one person of color for certain coaching and administrative positions. A similar rule has been adopted by which of the following collegiate athletics conference? Group of answer choices The Atlantic Coast Conference The Big Ten The Patriot League The West Coast Conference
Case Rating: *
The Rooney Rule in collegiate athletics has been adopted by The West Coast Conference (WCC).
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In Jackson v. University of New Haven, why does the plaintiff James Jackson fail in his disparate treatment claim to make out a prima facie case of discrimination? Group of answer choices He was not able to show intentional discrimination He was not able to show racial bias produced the pool of candidates interviewed He was not able to show that he was a qualified candidate None of the above
Case Rating: *
James Jackson fails in his disparate treatment claim because he was not able to show that he was a qualified candidate.
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Which Supreme Court case doomed Native Americans' Lanham Act argument that the NFL's Washington football franchise should lose the tradmark on its nickname: "Redskins"? Group of answer choices Blackhorse v. Pro Football, Inc. Harjo v. Pro Football, Inc. Matal v. Tam None of the above
Case Rating: *
The correct answer to your question is Matal v. Tam. This Supreme Court decision determined that the disparagement clause of the Lanham Act violated the First Amendment's free speech clause, which ultimately impacted the case regarding the Washington football team's trademark.
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Case Rating: *
Sure, I can provide more information on the burden shifting analysis, but it seems you have a good grasp on legal concepts. Is there a specific legal issue or situation in North Carolina that you need further assistance with?
how many opportunities does a burden shifting analysis give a plantiff
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In a burden shifting analysis, the plaintiff typically has two opportunities to prove discrimination:
- Establishing a prima facie case of discrimination.
- Demonstrating that the employer's stated non-discriminatory reason is a pretext for discrimination.
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A high school athlete claims that the new NCAA rules requiring * core courses in order to qualify for an athletic scholarship unfairly discriminates based on race because many predominately non-white high schools can’t afford to offer the necessary courses, resulting in a disproportionate number of non-qualifiers that are persons of color. If the athlete files a lawsuit against the NCAA, what claim might succeed? Group of answer choices Equal Protection Title VI Title VII None of the above
Case Rating: *
The high school athlete could potentially succeed with a claim under Title VI of the Civil Rights Act of *. Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
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But the ncaa isnt a state actor
Case Rating: *
The NCAA is a private organization and not considered a state actor. However, Title VI applies to programs receiving federal financial assistance, so the claim must show that the NCAA's actions have a discriminatory impact on the basis of race, color, or national origin.
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how does title vi apply to ncaa if they don't receive federal funding
Case Rating: *
Title VI of the Civil Rights Act of * applies to entities receiving federal financial assistance. If the NCAA does not receive such funding, Title VI would not apply to them directly. However, if NCAA member institutions receive federal funds and are subject to Title VI, actions by the NCAA that affect these institutions could be scrutinized under Title VI.
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A high school assistant coach believes that she was more qualified for promotion to head coach, but a lesser qualified Caucasian was hired instead. Under what statute should the assistant coach file a claim? Group of answer choices Title VII Equal Employment Opportunity Act Title VI None of the above
Case Rating: *
The high school assistant coach should file a claim under Title VII of the Civil Rights Act of *, which prohibits employment discrimination based on race, color, religion, sex, and national origin.
Is there any other specific information you need regarding this situation?