civil rights law · claim
Discrimination occurs when an individual or group is treated unfavorably due to certain characteristics protected by law. It can manifest in various contexts, including employment, housing, education, and public accommodations.
The plaintiff must establish that the discrimination was based on a recognized characteristic, such as race, gender, or religion.
What to prove: The plaintiff must show that they belong to a protected class and that the adverse action taken against them was due to this characteristic.
An adverse action refers to a negative impact or treatment, such as termination, demotion, or refusal to hire.
What to prove: The plaintiff must demonstrate that they suffered an adverse action in the context of employment, education, or housing.
There must be a direct link between the adverse action and the protected characteristic.
What to prove: The plaintiff must prove that the discrimination was a motivating factor in the adverse action taken against them.
The burden of proof typically lies with the plaintiff, who must establish their case by a preponderance of the evidence.
When tackling discrimination cases on exams, focus on identifying the protected characteristic, the adverse action, and the causal link. Look for key phrases indicating discriminatory intent.