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علوم اجتماعی و جامعه شناسی::
حقوق مدنی
As we shall see in Chapter 13, this attitude can even extend to putting the burden of proof on businesses to rebut accusations in certain anti-trust cases and civil rights cases.
Section 703(a) of the Civil Rights Act of 1964 made it illegal for an employer "to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race" or various other characteristics.
But Justice Brennan rejected "a literal interpretation" of the Civil Rights Act, preferring instead to seek the "spirit" of the Act in Congress' "primary concern" for "the plight of the Negro in our economy."53 Because that presumed purpose was not to protect whites from racial discrimination, the Act was deemed not to protect Brian F.
Rehnquist.54 As for the supposed "spirit" of the Civil Rights Act of 1964, its Congressional sponsors repeatedly and emphatically denied during Congressional debate that it required, or would even permit, preferences for blacks or discrimination against whites.55
This principle, or lack of principle, appeared in anti-trust law before being applied in civil rights cases.
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