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CIVIL RIGHTS ACT

Civil Rights Act

 

HR Law 101: The Civil Rights Act of 1964 bars discrimination based on race, national origin and religion. The law applies to all employers that have at least 15 full- or part-time workers and includes U.S. companies that employ Americans abroad ...

Affirmative Action

 

HR Law 101: Affirmative action programs are usually designed to give a short-term preference to members of a historically disadvantaged group. In theory, these efforts are intended to level the playing field and help overcome the results of past discrimination ...

Burden of Proof

 

HR Law 101: Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test (often referred to as the McDonald-Douglas burden-shifting test) has three parts that shift the burden of proof of wrongdoing back and forth between the plaintiff and the employer ...

Section 1981 Claims

 

HR Law 101: Section 1981, a little-known section of the Civil Rights Act of 1866, prohibits racial discrimination in the making and enforcement of contracts. Now, employees are increasingly using Section 1981 instead of Title VII to sue for discrimination because there's no cap on damage awards ...

Damages and Jury Trials

 

HR Law 101: Since passage of the 1991 Civil Rights Act, jury trials now are allowed when the plaintiff alleges intentional discrimination and seeks compensatory or punitive damages. However, a jury can’t be told of the statutory limits on the amount of compensatory and punitive damages it can award ...