Discriminatory - Law Dictionary Search Results
Home Dictionary Name: discriminatorydiscriminatory
discriminatory 1 : applying discrimination in treatment 2 : having unlawful discrimination as an effect ...
Discriminatory manner
Discriminatory manner, means affording different to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed, or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to person of another such description....., Attorney-General of Antigua and Barbuda v. Lake (P.C.), (1999) 1 WLR 68....
Discriminatory practice
Discriminatory practice, means the application of a requirement or condition which results in an act of discrimination which is unlawful by virtue of any provision of the Discrimination Act, 1975, Pt. II (Sub-s. 6-20) (UK) Halsbury's Laws of England 13, para 349, p. 251...
Equal protection
Equal protection, the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of India in spite of differences of circumstances and conditions. In other words, there should be no discrimination between one person and another if as regards the subject-matter of the legislation their position is the same. There can certainly be a law applying to one person or to one group of persons and it cannot be held to be unconstitutional if it is not discriminatory in its character, Charanjit Lal Chowdhury v. Union of India, AIR 1951 SC 41: (1950) SCR 869.In pursuance of Directive Principle which imposes duty on the State to promote with special care the educational an economic interests of weaker sections of the country, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 7.The State can make special provisions for certain categories like women children, socially ...
McDonnell Douglas test
McDonnell Douglas test, employment law. The principal for applying a shifting burden of proof in employment-discrimination cases, essentially requiring the plaintiff to come forward with evidence of discrimination and the defendant to come forward with evidence showing that the employment action complained of was taken for non-discriminatory reasons. Under this test, the plaintiff is first required to establish a prima facie case of discrimination, as by showing that the plaintiff is a member of a protected group and suffered an averse employment action. If the plaintiff satisfies that burden, then the defendant must articulate a legitimate, non-discriminatory reason for the employment action complained of. If the defendant satisfies that burden, then the plaintiff must prove that the defendant's stated reason is just a pretext for discrimination and that discrimination was the real reason for the employment action, Mc Donnell Douglas Corp v. Green, 411 US 792, 93 S.Ct. 1817 (1973); Bl...
Serial violation
Serial violation, means the practice by an employer of committing a series of discriminatory acts against an employee, all of which arise out of the same discriminatory intent or animus, Black's Law Dictionary, 7th Edn., p. 1371....
age discrimination in employment act
age discrimination in employment act Federal legislation prohibiting unfair and discriminatory treatment in employment on the basis of age. The Act generally covers individuals at least 40 years of age. (29 U.S.C. Sec. 621) Source: FindLaw ...
animus
animus [Latin, mind, soul] : intent [discriminatory ] compare mens rea ...
Batson challenge
Batson challenge [from Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court ruling that prohibited the striking of jurors on a racial basis] : an objection in which one party argues that the other has used the peremptory challenge to strike one or more prospective jurors from the panel for a discriminatory purpose in violation of the equal protection guarantee of the U.S. Constitution called also Batson objection compare third-party standing NOTE: Batson challenges were originally applied to racial discrimination in jury selection but are now also applied when gender or sometimes ethnic background is an issue. The party making the objection usually must establish by evidence a prima facie case of discrimination, at which point the other party has the burden of advancing a neutral reason for the strike. ...
covenants
covenants legally enforceable terms that govern the use of property. These terms are transferred with the property deed. Discriminatory covenants are illegal and unenforceable. Also known as a condition, restriction, deed restriction or restrictive covenant. Source: U.S. Department of Housing and Urban Development ...
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