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A form of intentional discrimination in which an employee is hired, fired, denied a promotion, or the like, based on membership in a protected class (as listed in the CRA (Civil Rights Act), such as race, color, religion, sex, or national origin).

This is a form of intentional discrimination

If any of these things have happened to the employee, he is qualified to sue for disparate discrimination

Proving this is a three-step process:
1. Plaintiff (employee) must demonstrate a prima facie case of discrimination. (They demonstrate they have sufficient evidence to prove that their employer discriminated against them.)
2. Defendant (employer) must articulate a legitimate, nondiscriminatory business reason for the action
3. Plaintiff (employee) must show that the reason given by the defendant (the employer) is a mere pretext

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What is a prima facie case quizlet?

Prima Facie Case. "something that stands on the face of it" The affirmative must give an argument that stands on its own. Ingredients. Significance.

What are the four components of such a prima facie case?

These components are typically duty, breach, damages, and causation: The plaintiff must show that the person who injured them had a duty (civil obligation) to not harm them, That the plaintiff breached that duty by harming them with malicious intention and no other justification.

What is a prima facie case of discrimination?

Prima facie Case of Discrimination A prima facie case in this context is one which covers the allegations made and which, if they are believed, is complete and sufficient to justify a verdict in the complainant's favour in the absence of an answer from the respondent–employer.

What is a disparate treatment case?

Simply put, disparate treatment discrimination is when an employer outright treats an employee or a potential employee differently because of that person's race, religion, color, sex, national origin, etc. Because this form of discrimination is so blatant, it is typically the most obvious.