Sentences with phrase «of discriminatory purpose»

Similarly, the prosecutor's questions and statements during voir dire examination and in exercising his challenges may support or refute an inference of discriminatory purpose.

The two can be seen together, however, insofar as the definition of discriminatory purpose holds for both public or private agents.

Not exact matches

In its decision, the 9th Circuit cited a previous case establishing that «circumstantial evidence of intent, including... statements by decisionmakers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.»

Discriminatory purpose, as defined in Bray, implies that the agent selects or reaffirms a particular course of action in part «because of» and not merely «in spite of» its adverse effects upon an identifiable group.

First, because most employees in the US are «at will», meaning, we can be fired at any time for any reason long as it's not discriminatory, we work long hours, are afraid of taking time away from work longer than a week, and certainly not for child care purposes.

David Dueñas i Cid, a researcher at the Social and Business Research Laboratory (SBRlab) at the Catalan university and the main author of this study, explains to Sinc that the purpose of the study was to gather information regarding the types of discriminatory content created and spread by young people via social networks such as Facebook.

As with Black and William, the purpose of diversity is not negatively discriminatory tracking and the denial of opportunity, but using classroom assessment integrated with high quality curriculum and instruction to ensure that all students reach high levels of important learning.

Worse is that this sometimes signals to the greater public that these «new and improved» teacher evaluation systems are being used for more discriminatory purposes (i.e., to actually differentiate between good and bad teachers on some sort of discriminating continuum), or that, indeed, there is a normal distribution of teachers, as per their levels of effectiveness.

-- For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

The test to determine discriminatory conduct, in this case direct age discrimination, is set out in reg 3 of the Employment Equality (Age) Regulations 2006 (SI 2006/1031)(which is now repealed and set out in s 13 (1) and (2) of the Equality Act 2010): «For the purposes of these Regulations, a person («A») discriminates against another person («B») if, on the grounds of B's age, A treats B less favourably than he treats or would treat other persons,... and A can not show the treatment or, as the case may be, provision, criterion or practice to be a proportionate means of achieving a legitimate aim.»

Even where drug and alcohol testing policies are found to be discriminatory, they can be justifiable where an employer can establish that the testing is a bona fide (i.e - legitimate) requirement of the job for safety purposes.

Although the issue of gender was not an equal protection claim in Loomis, the court wrote of Compas: «If the inclusion of gender promotes accuracy, it serves the interests of institutions and defendants, rather than a discriminatory purpose.»

At first instance Knowles J was prepared to assume for material purposes that the positions of spouses and cohabitees were analogous so that the 12 - month condition was prima facie discriminatory.

The CBSA was ordered to cease its discriminatory practices against employees seeking accommodation based on family status for the purposes of childcare responsibilities and to pay compensation and damages.

Because the Court had found that the confirmatory exams were prima facie discriminatory, it turned to the SCC's well - established Meiorin test (which effectively looks at why a purpose or standard was implanted and whether reasonable accommodation of an individual was possible in the circumstances) to see if the breach was reasonable and justifiable in the circumstances.

To amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes.

The bill's stated purpose is «to amend Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes.»

And while the result of that requirement is certainly discriminatory, that result is incidental to the principal purpose — promoting Christian values, as undestood by that school — rather than.

Because pregnancy and parental leave serve two distinct purposes, the effect of the employer's interpretation of the collective agreement was found to be discriminatory.

Section 2 of the CHRA provides that the purpose of the CHRA is to «extend the laws in Canada to give effect... to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.»

Aside from the Indian Act which I continue to believe is Canada's most discriminatory legislation (it is pretty hard to argue that the Indian Act's legislative purpose was anything other than to contain and control the Indian peoples of Canada — of course, this is a conversation for a different day), I can think of no other provincial or federal legislation that is as overtly discriminatory as Bill 62.

In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability - related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory.

For practical purposes, a breach may arise: (i) if a state may makes discriminatory legislative reforms which adversely affect the international investment; or (ii) if a state arbitrarily or capriciously denies tax exemptions to international investors in respect of revenues or profits generated by their investment; or (iii) if a state discriminates against an international investor by refusing to grant or renew permits; or (iv) if a state expropriates investment assets without due and proper compensation paid to the investor etc..

See, e.g., Teamsters v. United States, 431 U. S., at 348 («The primary purpose of Title VII was to assure equality of employment opportunities and to eliminate... discriminatory practices and devices...?

See McDonnell Douglas, 411 U.S. at 800 (stating that the purpose of Title VII was «to eliminate those discriminatory practices and devices which have fostered racially stratified job environments to the disadvantage of minority citizens»).

Far from being «discriminatory», the distinctions they draw flow directly from the statutory purpose and the scope of the mandate.

That it is potentially discriminatory against homosexuals is not the purpose of the covenant, but merely incidental to that conservative Christian interpretation of the bible.

«Facebook's use and abuse of user data for discriminatory purposes needs to stop,» Lisa Rice, president and CEO of NFHA, said in a statement.

Whether the use of credit checks for employment purposes is discriminatory to certain job applicants — which ESR also named Trend # 1 in its Third Annual Top Ten Trends in the Background Screening Industry for 2010 — is a question that will be asked as long as employers run credit checks on job applicants with money troubles.

Critics of using credit histories for employment purposes said the practice can have a disparate and discriminatory impact on protected groups, including people of color, women, and the disabled.

[19] Expropriation of property belonging to a particular racial group for different purposes or on lesser terms is discriminatory.

The purpose of [this explanation] is to rebut the argument that all differential treatment on the basis of race is discriminatory.

Shouldn't this be great since the primary purposes of the Home Mortgage Disclosure Act (HMDA) are to help authorities monitor discriminatory and predatory lending practices, as well as to ensure government resources are allocated properly to enforcement?

«Facebook's use and abuse of user data for discriminatory purposes needs to stop.