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Mixed Motive and Systemic Disparate Treatment
In certain cases, an employer may have had more than one motive for taking an adverse employment action. In these cases, a different proof structure--and different array of remedies--may be available.
Title VII also recognizes a claim for disparate treatment when an employer refuses to hire any members of a group rather than discriminating against a single worker. Courts never countenance this kind of discrimination in cases of race, but when it comes to sex discrimination, the picture can be more complex. Here, in a limited set of circumstances, sex can be a bonafide occupational qualification (BFOQ).
We will study these issues next.
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