Discrimination in the context of employment will show itself in one of two forms: disparate impact or disparate treatment. These two legal terms of art not only describe the form of employment discrimination, but also signal the type of
analysis to be used and the respective burdens of proof that each party will have. They are very distinct legal concepts. Understanding the difference will help you, as an employee, understand the type of proof that will be required to establish your case. In a U.S. Supreme Court decision, the term "disparate treatment" was first defined as discrimination in which an employer treats some employees less favorably than others because of their race, sex,
religion, color or national origin. The employer can be found liable depending on whether or not that particular trait was the actual motivation for the decision in question. In other words, the employer's intent to discriminate is at issue. On the other hand, the term "disparate impact" focuses on the discriminatory consequences of an employer's actions. Unlike discriminatory intent, the analysis involves employment practices that are facially neutral
in their effect on employees with different traits, but actually have a more adverse effect or impact on a particular group of employees. If the employer can show that the challenged actions are justified because of a business necessity, they may be able to escape liability. There are basically three categories of disparate treatment claims: failure to hire, termination, and terms and conditions of employment. In a failure to hire case, you
must prove the following: you are member of a protected class (i.e., an African American); you applied a job for which you were qualified and for which the employer was soliciting applicants; you were not hired, in spite of your qualifications; and, after you were rejected, the company continued to seek applicants with the same qualifications. In a termination case, you must prove that you are a member of a protected class; you were terminated from your job; at the time of your
termination, your job performance met your employer's legitimate expectations; and you were replaced by a similarly qualified individual who is not in your protected class. In a similar way, Terms and Conditions cases require that you show you are a member of a protected class; you were subjected to an adverse job action; your employer acted more favorably toward other employees who were in a similar situation but outside of your class; and you were qualified to do your job. The elements of a disparate impact claim focus primarily on the disparity that is being challenged. For instance, a female employee could challenge a strength test as a requirement for a particular position, because it tends to screen out the majority of female applicants. The evidence required in such cases include: proof that a disparity exists; that the disparity was the direct result of a specific employment device, policy, or practice; that the
policy in question was not necessary; and that the employer could have chosen other methods that were less discriminatory but just as effective in meeting their needs. To learn how you can challenge discriminatory activity in the workplace, call a Birmingham employment attorney from Michel | King Michel & Kingtoday!
Since the passage of the Civil Rights Act of 1964, employment discrimination has largely disappeared from the workplace. In a disparate impact case, the focus is on the employer's intention In a disparate treatment case, the focus is on the employer's intention Which of the following is true regarding discrimination? discrimination has become more subtle and difficult to eliminate in recent years Which of the following is a protected class characteristic? Which of the following is true? Title VII of the Civil Rights Act: protects employees against discrimination based on race, sex, national origin, and disability. Which of the following must be shown in order to establish a prima facie case of retaliation? that the employee lost an employment opportunity shortly after engaging in protected activity In disparate treatment cases: the focus is on proving the employer’s discriminatory intent The key element in disparate treatment is discriminatory intent. In this context, that means that: the decision-maker made the decision in whole or in part based on the protected class characteristic of the employee Sam and Sarah, husband and wife, both worked for an aluminum siding firm, doing similar work in production. Their co-worker, Ahmed, who was a Muslim, was systematically harassed by their supervisor, who called him a terrorist, denied him the right to pray, and generally made his life at work very difficult. Sarah spoke up on his behalf, and the supervisor demoted Sam, her husband. Which of the following statements is most correct? Sam has a cause of action against the employer for retaliation Which of the following is a neutral requirement that is likely to result in an adverse impact? language requirement and physical strength test In an adverse impact case, if an employer can show that a challenged employment practice is job-related and consistent with business necessity, the plaintiff can still win by showing that: there is an alternative practice that would have less discriminatory effects, but the employer declines to use it Of the following, the most effective way for an employer to respond to an employee’s claim of retaliation would be: to show that the employee was not retaliated against, but rather disciplined for poor performance or the like An experienced female crane operator just hired by a new firm was told it was company policy that crane operators urinate over the side of their cranes rather than stop work. The same policy applied to male crane operators. She objected to the policy, was offered alternative jobs, but none as a crane operator, and she quit. Does she have a valid claim for sex discrimination? Yes, because the practice was a form of disparate impact. Regarding cases alleging disparate treatment and pretext, it is correct to say: evidence in a pretext case can be either direct or circumstantial What are the elements of disparate treatment?To support a disparate treatment claim, you need to establish four elements:. The individual is a member of a protected class;. The employer knows of the individual's protected class;. A harmful act occurred; and.. Other similarly situated individuals were treated more favorably or not subjected to the same treatment.. What is disparate treatment discrimination quizlet?Disparate-treatment discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion. Disparate-impact discrimination occurs when an employer discriminates against an entire protected class of individuals.
What is disparate treatment quizlet?Disparate Treatment. A form of intentional discrimination in which an employee is hired, fired, denied a promotion, or the like, based on membership in a protected class (as listed in the CRA (Civil Rights Act), such as race, color, religion, sex, or national origin). This is a form of intentional discrimination.
What is disparate treatment discrimination and how is it proved?Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic.
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The key element in disparate treatment is discriminatory intent. in this context, that means that:
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