This section to follow TITLE VII provisions:

So that's the law. But notice it is very general and does not give direction with respect to specific situations. So where do the specifics come from?

Agency guidelines - elaborate
Law suits testing the meaning of the law - elaborate

An example to clarify issues: Howard is an employer and advertises a vacancy for a spot-welder. I apply. He rejects me because I admit to being a felon and he has a policy against hiring felons.
I - Plaintiff , Howard: Defendant

Dove 9/4/92

Now when we get to Court what happens?

I. Plaintiff has the burden of proof and must establish probable cause - - - Present prima facie case.

II. Defendant must rebut the prima facie evidence of the Plaintiff.

III. Plaintiff gets a last opportunity to rebut the rebuttal

IV. Judge/Jury decides based on principles of precedence and congressional intent.

  • Business 340 Syllabus

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