Lessons: Employment Discrimination
This exercise is designed to introduce the student to the "bottom line" defense rejected by the Supreme Court in Connecticut v. Teal. The exercise explores the circumstances of disparate impact claims and affirmative action programs under which the "bottom line" defense usually arises and the arguments involved. The use of "bottom line" evidence, sometimes used in disparate treatment litigation, is also explained and distinguished. Some understanding of basic discrimination theory (disparate treatment and disparate impact) is helpful in understanding the lesson.
This lesson provides students with an overview of the Title VII of the Civil Rights Act of 1964. Although the lesson does not assume any prior knowledge of the statute, it is nonetheless useful to test more advanced students' knowledge.
The lesson consists of five sections: 1) the scope of Title VII; 2) administrative prerequisites to private enforcement; 3) the protected classes; 4) the order and allocation of proof; and, 5) judicial relief. Each section uses varied question types to test the student's understanding. To ground the student's learning in legal authority, all answers are supported by references to statutory provisions and case law.