Nevada Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction
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FAQ
If your organization's policies, practices or procedures are unbiased but end in a disproportionate impact on protected groups ? race, color, religion, sex or national origin ? this would be disparate impact.
§ 1981 must plead and has the ultimate burden of showing that race was a but-for cause of the plaintiff's injury, and that burden remains constant over the life of the lawsuit.
Disparate impact, also known as adverse impact, is a form of indirect and often unintentional discrimination whereby certain hiring criteria disproportionately favor certain groups over other groups.
Example of disparate treatment: providing higher pay to men than women for performing the same job (intentional discrimination) Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; [9] and (4) establish causation.
To prove disparate treatment, the employee (plaintiff) must first present a ?prima facie? case, meaning that he must present evidence that discrimination has occurred. This evidence can be either direct evidence or indirect (circumstantial) evidence.
Making a prima facie case With federal disparate treatment claims under Title VII, employees do have the initial burden of proof. This means you must show that: You belong to a protected class ? that is, you're protected from discrimination on account of your race, color, national origin, religion or sex.
By its nature, ?disparate impact? evidence involves showing a disparity. Plaintiff must show that the extent of harm the policy or practice causes minorities and non-minorities is different.