Sentences with phrase «discriminatory intent»

In a 5 - 2 opinion by Justice Mariano - Florentino Cuéllar, the court concludes «the totality of relevant facts» — including that the jury ultimately included three African - Americans and that one challenged African - American prospective juror was replaced by another whom the prosecutor accepted — did not raise «an inference of discriminatory intent for the prosecutor's strikes.»
But left undecided, until now, is whether it forbids policies that are designed and implemented without discriminatory intent but have some disproportionate effect (i.e., «disparate impact») based on race or some other legally protected class.
The findings of racially motivated mapmaking satisfied Democrats and minority rights groups, who are now pushing a separate federal court in Texas to determine that the voter ID law was also crafted with discriminatory intent.
At Workplace Blog, Paul Secunda reflects that Justice Ginsburg has the better of the argument, because individual pay decisions by themselves may not have obvious discriminatory intent until a pattern is established, which takes time.
The stakes in finding discriminatory intent are higher because it provides a window for opponents to argue that Texas should be forced to resume having changes to voting laws «pre-cleared» by the Justice Department or a federal court.
In other words, your assertion that judges are not charged with the reading of minds is incorrect: there is well established precedent for considering discriminatory intent when determining whether an action is unconstitutionally discriminatory.
Back in 2014, in what's known as a «Dear Colleague» letter, the administration argued that districts should be held accountable under federal civil rights laws — not only if their discipline policies reveal discriminatory intent but also if they «have an unjustified effect of discriminating against students on the basis of race.»
«Without further evidence of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.
But left undecided, until June 2015, was whether it forbids policies that are designed and implemented without discriminatory intent but have some disproportionate effect (i.e., «disparate impact») based on race or some other legally protected class.
Republicans hold two of three congressional districts ruled newly invalid and were found to have been partly drawn with discriminatory intent.
Quoting Paul: «As with hostile work environment sexual harassment claims, individual pay decisions by themselves do not have the obvious discriminatory intent that discrete acts such as terminations or failures to promote do.»
Widely considered a slur, some argue there is no discriminatory intent.
(Losen and I agree on this point: The 2014 letter did not require OCR to find evidence of discriminatory intent.
The Supreme Court ruled last week in a case relating to the Fair Housing Act that the law forbids policies that are designed and implemented without discriminatory intent but have some disproportionate effect (i.e., «disparate impact») based on race.
The claims based on the Fourteenth Amendment equal protection clause and Title VI of the Civil Rights Act failed for insufficient evidence of discriminatory intent.
That 2014 civil rights guidance — jointly issued by the U.S. Departments of Education and Justice — put schools on notice that they may be found in violation of federal civil rights laws if they enforce intentially discriminatory rules or if their policies lead to disproportionately higher rates of discipline for students in one racial group, even if those policies were written without discriminatory intent.
Contemporary voucher programs do not share the discriminatory intent of programs from the 1960s, but may still exacerbate racial and socio - economic segregation.
Keep in mind, too, that some interviewers ask about topics like nationality and marital status out of simple curiosity, without any discriminatory intent.
Otherwise you could be sued for discrimination, even if you had no discriminatory intent.
If the information provided is just neutral, it is difficult to argue that there is discriminatory intent.
There's nothing wrong with that, as long as you treat every applicant equally and apply the same standards without any discriminatory intent.
The court also stated that a showing of discriminatory intent or effect was not required to prove a prima facie violation of the Act.
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