Class 02 Statutory Coverage McDonald to Espinoza英语教案.ppt

Class 02 Statutory Coverage McDonald to Espinoza英语教案.ppt

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* Facts: Two whites are terminated as discipline for rules infringement; African American worker is not Claims = Vii and 1981 Defense-Title VII and 1981 are intended to protect racial minority workers, not whites Court looks at passing reference in Griggs, the legislative history of both statutes, Why do you think the employer decides not to fire the Black guy? (probably fear of a suit…oddly enough) * S Ct: VII and 1981 both protect white citizens * P 20 The statute is silent on which races: “any individual” Griggs dicta EEOC interpretations entitled to great deference have included whites in protection “any group” 4. Title VII Legislative history—remarks: includes whites Section 1981 * Defendant argues-two things “enjoyed by whites means that it is focused on non-whites”S.Ct: statute says “all persons” Legislative history—meant to protect people freed from slavery; S. Ct finds language in legislative history indicating that 1981 was meant to protect whites as well * Legislative historyhas been edited from the case * * Tenure denial; claims disc based on national origin, religion and race Title vii is dismissed AS UNTIMELY so have only 1981 Plaintiff was born in Iraqwhy doesn’t he just claim national origin, rather than race? Because national origin is not protected under section 1981 P Title VII and 1981 based on Arabian race Defendant—p = a caucasianto be discriminated against because one is an Arab = religion and place of origin!!! (trial judge that granted sjtitle vii had been dismissed and construed pleadings as alleging only national origin and religious discrimination, not covered by section 1981 Court appealplaintiff did challenge race Employer appealed to s ct. Today—Arabs are considered caucasian, but when 1981 became law they were not. Dictionary definitionsscandinavian race, mongolians; french and irish * Tenure denial; claims disc based on national origin, religion and race Title vii is dismissed AS UNTIMELY so have only 1981 Plai

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