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Special Issues and Remedies in Disparate-Treatment Cases

Learn about special issues in disparate-treatment cases, including bona fide occupational qualifications, and how an employer’s mixed motives can affect a plaintiff’s remedies.


A bank teller and her manager were both of Korean ancestry. Over several months, the manager found repeated inaccuracies in the teller’s handling of funds. The manager fired the teller for poor work performance. The teller sued the bank for race discrimination under Title VII, alleging that Black and White tellers with similar inaccuracies weren’t fired.

I.               Same-Class Evidence

At trial, the bank argued that...