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
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.