Understanding Employment Discrimination Law: Clarifying Disparate Treatment Analysis after St. Mary's Honor Center V. Hicks
Abstract
In St. Mary's Honor Center v Hicks, a bitterly divided Supreme Court clashed over the extent and nature of the plaintiff's 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.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1994
- Accession Number
- ADA456603
Entities
People
- Thomas D. Miller
Organizations
- The Judge Advocate General's Legal Center and School