Gender, Race, and Publishing on the Left

Wojtek Sokolowski sokol at
Tue Jun 16 09:22:02 PDT 1998

At 06:53 PM 6/15/98 -0400, Justin Schwartz wrote:
>Such a standard can be a basis for a Title VII disparate impact sex
>discrinmination lawsuit. If the standard is really arbitrary, it will not
>pass muster. Standards like that have to be job related, or the employer
>will be liable. Job relatedness requires a showing of more than a
>mere assertion, although less than a staistically verifiable connection.
>But the employer's bare recitation that the standard is job related will
>not rebut a prima facie case of disparate impact discrimination.

Question: So who bears the burden of proof, if a standars is challenegd in courts as arbitrary? In other words, is it assumed that the standard is arbitrary until the defendant (the employer) proves otherwise, or is it assumed work-related until the plaintiff shows otherwise?


Wojtek Sokolowski

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