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Topic: Business
Number of pages / Number of words: 3 / 740
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The court also concluded that once a plaintiff class, Petitioners' Alaskan Salmon Canneries, has shown disparate impact caused by specific, employment practices, and the burden of innocence shifts to the employer to prove the challenged company's business necessity.

"If, on remand, respondents establish a prima facie disparate impact case with respect to any of petitioners' practices, the burden of producing evidence of a legitimate business justification for those practices will shift to petitioners, but the burden of persuasion will remain with respondents at all times...


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With respect to the business justification defense in reference to an employer's "burden of proof", it should be understood to mean an employer's burden of production, rather than persuasion. (http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0490_0642_ZS.html)

This "great burden" is an ever present reminder of the other side of the justice department...


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