Disparate treatment occurs when individuals who are members of a protected class are treated differently than others by an employer. The term disparate treatment has been defined by courts in varying manners. For example, in Monson v.
Disproportionate impact refers to the effect of a practice that appears neutral on its own, but has an unequal, negative impact on a specific group of people. Disproportionate impact may be present in a government or other organization’s policies and practices, even if unintentional and there is no stated plan to discriminate.
Disturbance of the peace, or breach of the peace, is a generic term encompassing a variety of conduct that violates public order, disturbs the public, or incites violence, including the violation of laws enacted to preserve peace and good order. It is a criminal offense recognized under common law and various statutes.
A divestitive fact is a fact or event that results in the loss of a previously held legal right. Divestitive facts are a category of operative facts, meaning they have legal consequences when they occur. For example, in Bailey v.
Dobbs v. Jackson Women’s Health Organization is the 2022 Supreme Court case that overturned Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v.
The Defense of Marriage Act (DOMA) was a federal law passed by the 104th United States Congress intended to define and protect the institution of marriage. This law specifically defined marriage as the union of one man and one woman which allowed individual
The Dormant Commerce Clause is a legal doctrine derived from the Commerce Clause in the U.S. Constitution.
The Double Jeopardy Clause of the Fifth Amendment of the U.S.
In Dred Scott v. Sandford (1857), the U.S. Supreme Court ruled that African Americans, whether enslaved or free, were not citizens of the United States, and therefore did not have the right to sue in federal court. In holding, the Court also ruled that the federal government could not prohibit slavery in the territories.
“Driving while Black” (DWB) is a slang term used to refer to the racial profiling of Black motor vehicle drivers by police. It implies that a motorist may be stopped by a police officer largely because of racial bias rather than any apparent violation of traffic law.
