INTRODUCTION: Seniority : impact and motive Common law context -- Overview and history -- Coverage of the core statutes -- Principles of actionable "discrimination" -- PROTECTED CLASSES: Race and color -- National origin -- Sex -- Religion -- Age : The Age Discrimination in Employment Act (ADEA) -- Discrimination based on "impairments" : The Americans with Disabilities Act -- SELECTING THE WORKFORCE : ESTABLISHING DISCRIMINATORY HIRING, PROMOTIONS, AND DISMISSALS: Facial exclusions and the bona fide occupational qualification defense -- Affirmative action -- "Because of" : motive-based disparate treatment liability -- Proving motive though expressions of prejudice -- Proving motive with circumstantial evidence -- Proving motive with statistics systemic "pattern or practice" discrimination -- Disparate impact liability -- Seniority : impact and motive Private, non-judicial resolution. The Equal Pay Act -- Direct compensation under Title VII, ADA, and ADEA -- Insurance -- Pensions and retirement -- Leaves and reassignments -- IntangIble "terms and conditions" -- Advertisements, interviews, inquiries and medical examinations -- Retaliation ("reprisal") for "participation" or "opposition" -- COMPLIANCE AND ENFORCEMENT: Remedies -- Enforcement procedures in the public forum : non-federal defendants -- Federal employee enforcement -- Private, non-judicial resolution.
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