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Title VII - Civil Rights Act: Prima Facie Cases (Employment Law Series) [Kindle Edition]

LandMark Publications

Kindle Price: $5.99

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Book Description

This casebook contains a selection of 347 Federal Court of Appeals decisions that interpret and apply the elements of a prima facie case under Title VII of the Civil Rights Act of 1964. The selection of decisions spans from 2005 to the date of publication. The majority of the decisions includes discussion and analysis of the requirements for a finding of retaliation. For each circuit, the cases are listed in the order of frequency of citation. The most cited decisions appear first.

As of June 2012, the eleventh circuit had yet to recognize a retaliatory hostile work environment claim. The circuit now joins every other circuit and recognize the cause of action. Doing so is consistent with the statutory text, congressional intent, and the EEOC's own interpretation of the statute. Gowski v. Peake, 682 F. 3d 1299 (11th Cir. 2012)

The plaintiff carries the initial burden under the statute of establishing a prima facie case of discrimination. To establish a prima facie case of discrimination a plaintiff must offer evidence that: (1) she is a member of a protected class, (2) her job performance met [the employer's] legitimate expectations, (3) she suffered an adverse employment action, and (4) another similarly situated individual who was not in the protected class was treated more favorably than the plaintiff. Once a prima facie case is established, a presumption of discrimination is triggered. The burden then must shift to the employer to articulate some legitimate, nondiscriminatory reason for its action. When the employer does so, the burden shifts back to the plaintiff, who must present evidence that the stated reason is a "pretext," which in turn permits an inference of unlawful discrimination. Coleman v. Donahoe, 667 F. 3d 835 (7th Cir. 2012)

To establish a prima facie case of retaliation, an employee must show that (1) she was engaged in protected activity; (2) the employer was aware of that activity; (3) the employee suffered a materially adverse action; and (4) there was a causal connection between the protected activity and that adverse action. Lore v. City of Syracuse, 670 F. 3d 127 (2nd Cir. 2012)

In order to recover for retaliation for having filed a complaint of discrimination, the plaintiff need not prove that her underlying complaint of discrimination had merit. Ibid.


Product Details

  • File Size: 7932 KB
  • Print Length: 5976 pages
  • Simultaneous Device Usage: Unlimited
  • Publisher: LandMark Publications (October 9, 2012)
  • Sold by: Amazon Digital Services, Inc.
  • Language: English
  • ASIN: B009OOCGR8
  • Text-to-Speech: Enabled
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  • Lending: Enabled
  • Amazon Best Sellers Rank: #421,414 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
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We create affordable, portable and searchable digital books targeted to law professionals and law students. So far, we have published over 250 titles. We are working on publishing many more.

Our mission is to offer a large library of casebooks that are accessible on tablets and e-readers.

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