Disparate Treatment Claims
I think my employer treats women differently than men.
What does "disparate treatment" mean?
Disparate treatment is a employer’s policy or practice that explicitly treats women differently than men.
What is the difference between disparate treatment and disparate impact?
Disparate impact is the effect of a policy that was not necessarily intended to discriminate. Disparate treatment is intentional discrimination against someone because of their protected class.
What kind of claims can be brought as a disparate treatment claim?
Any claim that relates to discriminatory treatment of a person because of gender qualifies as a disparate treatment claim. In the employment context common claims are discriminatory hiring or firing, unequal pay, and wrongfully denied promotion.
I think that a company policy adversely affects me because of my gender, how do I prove it?
To establish a disparate treatment case, you must show:
Are there times when an employment policy or practice may legally treat women different than men?
An employer may justify a practice based on a bona fide occupational qualification, which is a legally legitimate reason for which an employer may consider sex or any other protected class as a qualification necessary for the performance of a particular type of employment.
What could my employer do to deny my allegations, and how do I respond to its denials?
Once you establish your case, your employer must give a legitimate, non-discriminatory reason for its actions. You must then show that the reasons your employer has provided are false.
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