“This Article develops the missing theoretical foundation for systemic disparate treatment law and provides a roadmap for resolving questions about the proper application of Teamsters. It begins by examining the historical roots of the systemic disparate treatment theory. It demonstrates that, at its core, the Teamsters doctrine — like much of employment discrimination doctrine — is simply an evidentiary device for allocating and shifting burdens of proof among the parties. More specifically, it is a device for determining how the burdens of production and persuasion on the element of discriminatory intent should be allocated at an identifiable point during the course of a systemic discrimination case.”

Source: Jason R. Bent. The Telltale Sign of Discrimination: Probabilities, Information Asymmetries and the Systemic Disparate Treatment Theory, 44 U. Mich. J.L. Reform 797, 800. Summary 2011.

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