inder to conclude that the employer is treating some people less favorably than others based upon a trait that is protected under Title VII.” This ruling therefore shifts the burden onto the defendant to refute the discrimination given the ‘totality of the circumstances’ rather than forcing the plaintiff to initially have to present proof that would only become relevant in order to rebut the employer’s explanation of the challenged conduct. (Ginanni, 3) ConclusionVictims of discrimination, regardless of skin color or gender, feel the same effects: a brick wall placed between them and their constitutional right of prosperity and equality. Over the last hundred years our societal values (in employment) have swung from an anything goes mentality to the other end of the spectrum, the era of “political correctness” where you are damned if you do and damned if you don’t. Uncertainty prevails. It is apparent, though, that the proverbial “pendulum” is in an evening-out process and trying to find middle ground. Discrimination is discrimination regardless of what type of form it takes. There is truly only one kind if discrimination and that is where an individual’s rights are infringed upon due to traits in which they have no power to control. Each and every one of us deserves to have the right to freedom and equality given to us by our forefather’s....
