You can't fire someone when they show up with a BLM T-shirt but you can be fired because you attend a protest ? Your view of the law has been skewed by the current injustice in the US
Proof of discriminatory motive is not required, because in these types of cases Congress is concerned with the consequences of employment practices, not simply the motivation. If the employer proves that the requirement being challenged is job related, the plaintiff must then show that other selection devices without a similar discriminatory effect would also serve the employer's legitimate interest in efficient workmanship
If the plaintiff proves that the employer's practice had a disproportionate impact on a protected class,the burden shifts to the defendant to justify its use of the challenged practice. Griggs labeled this burden as business necessity, but suggested that exclusionary practices would be justified if they were manifestly related to job duties.
Business necessity is the only known defense against the accusation that a personnel practice denies protected classes equal opportunity for hire, promotion, training, earnings and any other term or condition of employment. Three conditions must exist before business necessity can be asserted: (1) The standard used as the basis for the employment practice must be apparently neutral; (2) the standard must be uniformly applied by the employer; and (3) the standard must have a disparate impact on a protected class.
The term business necessity is a fluid concept rather than a bright-line rule (a firm legal standard that courts are required to honor without regard to the particular circumstances of the case being heard). In some cases, courts conclude that business necessity is established by showing a reasonable relationship between the practice in question and the employer's business needs. However, the majority of courts hold that an employment practice having a discriminatory impact can be justified on business necessity grounds only if it is "essential" to the safety and efficiency of the employer's operations. These courts contend that the mere fact that the employment practice serves legitimate management functions will not justify discrimination.
The Supreme Court, in Wards Cove Packing v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), revisited the concept of business necessity and realigned the burdens of proof and persuasion. The Wards Cove Packing Company employed low-paid cannery workers in its salmon canning facility in Alaska and higher-paid non-cannery workers at the company offices in Washington and Oregon. Non-white workers filled a high percentage of the cannery worker positions; primarily white workers held the non-cannery worker jobs. The court of appeals found this statistical disparity sufficient to establish a Prima Facie case of disparate impact.
The Supreme Court reversed and remanded because the statistical proof the plaintiffs offered was not adequate. As to the defendant's Burden of Proof, the Court stated that the employer "carries the burden of producing evidence of a business justification for his employment practice. The Burden of Persuasion, however, remains with the disparate-impact plaintiff." This meant that although the employer had to show a legitimate business reason for using a test or certain job requirements, the plaintiff had to prove that he or she was denied a desired employment opportunity based on race, color, religion, gender, or national origin.
You can't fire someone when they show up with a BLM T-shirt but you can be fired because you attend a protest ? Your view of the law has been skewed by the current injustice in the US
That's not how it works; they have to prove you did fire them for being black.
Of course, innocent until proven guilty is basically disappearing from our legal system. . .
Pretty sure that this is actually not true, according to Title VII employment laws regarding disparate impact. Link below:
https://legal-dictionary.thefreedictionary.com/Disparate+Impact
Copy and pasting emphasis which stands out to me:
Proof of discriminatory motive is not required, because in these types of cases Congress is concerned with the consequences of employment practices, not simply the motivation. If the employer proves that the requirement being challenged is job related, the plaintiff must then show that other selection devices without a similar discriminatory effect would also serve the employer's legitimate interest in efficient workmanship
If the plaintiff proves that the employer's practice had a disproportionate impact on a protected class, the burden shifts to the defendant to justify its use of the challenged practice. Griggs labeled this burden as business necessity, but suggested that exclusionary practices would be justified if they were manifestly related to job duties.
Business necessity is the only known defense against the accusation that a personnel practice denies protected classes equal opportunity for hire, promotion, training, earnings and any other term or condition of employment. Three conditions must exist before business necessity can be asserted: (1) The standard used as the basis for the employment practice must be apparently neutral; (2) the standard must be uniformly applied by the employer; and (3) the standard must have a disparate impact on a protected class.
The term business necessity is a fluid concept rather than a bright-line rule (a firm legal standard that courts are required to honor without regard to the particular circumstances of the case being heard). In some cases, courts conclude that business necessity is established by showing a reasonable relationship between the practice in question and the employer's business needs. However, the majority of courts hold that an employment practice having a discriminatory impact can be justified on business necessity grounds only if it is "essential" to the safety and efficiency of the employer's operations. These courts contend that the mere fact that the employment practice serves legitimate management functions will not justify discrimination.
The Supreme Court, in Wards Cove Packing v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), revisited the concept of business necessity and realigned the burdens of proof and persuasion. The Wards Cove Packing Company employed low-paid cannery workers in its salmon canning facility in Alaska and higher-paid non-cannery workers at the company offices in Washington and Oregon. Non-white workers filled a high percentage of the cannery worker positions; primarily white workers held the non-cannery worker jobs. The court of appeals found this statistical disparity sufficient to establish a Prima Facie case of disparate impact.
The Supreme Court reversed and remanded because the statistical proof the plaintiffs offered was not adequate. As to the defendant's Burden of Proof, the Court stated that the employer "carries the burden of producing evidence of a business justification for his employment practice. The Burden of Persuasion, however, remains with the disparate-impact plaintiff." This meant that although the employer had to show a legitimate business reason for using a test or certain job requirements, the plaintiff had to prove that he or she was denied a desired employment opportunity based on race, color, religion, gender, or national origin.