Statistics play a crucial role at each of the three stages of disparate impact litigation: the plaintiff's prima facie case
of disparate impact, the defendant's rebuttal relating to job-relatedness and business necessity, and the plaintiff's demonstration of a suitable alternative practice.
Applying these uncontroverted principles here, the preclusion rule, which prevents an insurer from raising most defenses to a no-fault claim, comes into play only after the plaintiff's prima facie case
has been demonstrated.
32) Congress codified "motivating factor" as the causation standard in the plaintiffs prima facie case
rather than "substantial factor.
Most courts that have analyzed this issue concur that to establish a prima facie case
, an employee must provide an employer with specific and particularized knowledge of that employee's religious beliefs, and the need for an accommodation, prior to the adverse action in question.
Having found that the notice requirement was mandatory and was an administrative step and that the IRS had not met the requirement, the court found that under Powell, the IRS had failed to make a prima facie case
for enforcing the summons.
Because this issue concerned constituency-related work, the Speaker could not find a prima facie case
62) The District Court held that there was no prima facie case
for discrimination under the FHA.
The investigation committee found a prima facie case
of misconduct for John Ambler (formerly an FCMA) to answer in relation to a complaint that he: had failed to follow the agreed
The ECJ held that the right to privacy did not need to be infringed, as it was possible to refute a prima facie case
of discrimination with other evidence, for example an equal opportunities recruitment policy.
On the investigation into Employee Benefit Trusts (EBTs), a statement from the SPL read: "The investigation has now been completed and, in the view of the SPL, there is a prima facie case
to answer in respect of its Rules.
On February 22, the High Court ordered his prosecution after holding that a prima facie case
of criminal misconduct has been made out against him.
Dube said the state had failed to prove a prima facie case
against Khumalo on both counts.