Understanding Employment Discrimination Law: Clarifying Disparate Treatment Analysis after St. Mary's Honor Center V. Hicks
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
Pagination or Media Count:
In St. Marys Honor Center v Hicks, a bitterly divided Supreme Court clashed over the extent and nature of the plaintiffs final burden of persuasion under the McDonnell Douglas Corporation v Green and Texas Department of Community Affairs v Burdine disparate treatment analysis for resolving complaints of intentional employment discrimination under Title VII of the Civil Rights Act of 1964. The consequence is potential uncertainty in the law. This thesis will attempt to alleviate that uncertainty by proposing a clarification of disparate treatment analysis in light of Hicks that is based on the application of Federal Rule of Evidence 301. This clarification will reinforce the McDonnell Douglas-Burdine framework and result in a clearer understanding of disparate treatment analysis.
- Government and Political Science
- Sociology and Law
- Personnel Management and Labor Relations