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 by BobCarl
1 week ago
 Total posts:   3529  
 Joined:  Mar 08 2017
United States of America   LA Coliseum
Superstar

AvengerRam wrote:In employment law, disparate treatment is ...
Thanks for helping us sort this out.

When it comes to job decisions/discrimination towards people over 40, the SCOTUS requires a higher standard of proof. Can you help me wrap my head around the "but for" vs "because of" concepts?

 by AvengerRam
1 week ago
 Total posts:   4345  
 Joined:  Oct 03 2017
Israel   Longwood, FL
Superstar

BobCarl wrote:Thanks for helping us sort this out.

When it comes to job decisions/discrimination towards people over 40, the SCOTUS requires a higher standard of proof. Can you help me wrap my head around the "but for" vs "because of" concepts?

Those distinctions come from the fact that age discrimination falls under a different statute (the ADEA) than other types of discrimination, which fall under Title VII and the ADA.

In concept, the difference is supposed to be a question of whether discriminatory bias was a motivating factor ("because of") or an outcome determinative factor ("but for").

In practice, these distinctions rarely impact the outcome of cases. Juries typically don't understand the difference, and you'd be hard pressed to find many cases where a judge finds that the evidence is sufficient for one, but insufficient for the other.

 by BobCarl
1 week ago
 Total posts:   3529  
 Joined:  Mar 08 2017
United States of America   LA Coliseum
Superstar

AvengerRam wrote:In practice, these distinctions rarely impact the outcome of cases. Juries typically don't understand the difference, and you'd be hard pressed to find many cases where a judge finds that the evidence is sufficient for one, but insufficient for the other.


Thanks for making it easier to understanding the difference between the "but for" and "because of" concepts.

It was the easiest to understand explanation I have ever heard.

If I had ever studied employment law, I'd wish I had you as a professor.

Thanks to a debate on RRF a decade or so ago, I became an arm-chair equal rights enthusiast, who occasionally digs into SCOTUS opinions on various 1st, 4th, & 14th Amendment issues. (I love the 10th Amendment too)

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115 posts Jun 04 2020