Proving Discrimination Under the Equal
1. The person alleging
discrimination, in the absence of a statutory classification, must show
that a discriminatory purpose was a MOTIVATING
factor in the government's action or decision.
Note: A motivating factor need not the the SOLE factor in the decision.
factor need not be the PRIMARY
factor in the decision.
2. To show that a discriminatory purpose was a motivating factor,
the following evidence could be offered:
(1) Evidence that the action or decision has a
disproportionate impact on the class--the more disproportionate the
impact, the stonger the evidence.
(2) Statements by government decision-makers suggesting a
--Statements at the time of decision
--Statements at the time of trial
(3) A suspicious pattern of events leading up to the decision
(4) Evidence that the decision was a departure from usual
3. If a discriminatory purpose is established, the government can
defend its decision by showing that the same decision would have been
made even without the discriminatory purpose.