Ann Hopkins Essay

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Legal Analysis Model

The relevant facts
According to the case, Ann Hopkins had worked successfully for Price Waterhouse since 1978 and was “nominated for partnership at Price Waterhouse in 1982.” (p. 1) Out of 88 candidates she was the only woman. In the admissions process, forms were sent out to all Price Waterhouse partners of whom there were 662. These partners then submitted their comments about the candidates. . Only “thirty-two partners, all male, responded about Hopkins.” (p. 5) The forms were then tabulated to achieve a statistical rating in order to determine if the candidate should be admitted to the partnership. Of the 88 candidates “Price Waterhouse offered partnerships to 47 of them, rejected
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The following section of the Civil Rights Act of 1991 as seen on the website “usinfo.state.gov” is relevant to this case:
“SEC. 5. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RECE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN IN EMPLOYMNET PRACTICES.
(a) IN GENERAL.—Section 703 of the Civil Rights Act of 1964 (42 U>S>C> 2000e-2) (as amended by section 4) is further amended by adding at the end thereof the following new subsection:
“"(1) DISCRIMINATORY PRACTICE NEED NOT BE SOLE CONTRIBUTING FACTOR.—
Except as otherwise provided in this title, an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a contributing factor for any employment practice, even though other factors also contributed to such practice.
". (b) ENFORCEMENT PROVISIONS.--Section 706(g) of such Act (42 U.S.C. 2000e-5(g)) is amended by inserting before the period in the last sentence the following: "or, in a case where a violation is established under section 703(1), if the respondent establishes that it would have taken the same action in the absence of any discrimination. In

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