It’s one thing to believe that there is discrimination in a place of employment. But it’s quite another to successfully prove it.Discrimination at work can come in a number of forms and against different members of protected classes. If you’re in this situation, chances are that the employer won’t admit to the practice. Direct evidence is usually difficult to come by, so you’ll likely need indirect evidence to make your case. It’s up to you to demonstrate disparate treatment discrimination.
Definition
Disparate treatment discrimination is when an employee is treated more favorably than someone else who is in a protected class. In essence, the employee makes a claim with proof that the company treated them differently based on their age, race, sex/gender, religion, sexuality, disability, or other characteristics.It’s a tactic that’s usually used to discriminate against one or more specific groups of employees. Disparate treatment discrimination is the most common term used when an employee claims discrimination against a company.Federal law prohibits job discrimination based on:
- Race
- Color
- Sex
- Sexual orientation, gender identity, or expression
- National origin
- Religion
- Age
- Military status
- Equal pay
- Pregnancy
- Disability or genetic information
Laws Against Discrimination at Work
An employee can make a claim under a number of different federal statutes, including:
- Title VII of the Civil Rights Act of 1964
- The American Disabilities Act
- The Pregnancy Discrimination Act
- Age Discrimination Act of 1975
The EEOC provides guidelines on its website for the employee selection process.
Two Types Of Evidence
There are two ways to prove disparate treatment discrimination:
- Direct evidence: the most common type of evidence is the obvious type—evidence of discriminatory statements or practices that prove the obvious, such as “I don’t hire _____.”
- “Prima facie” evidence: this is more circumstantial evidence that leads to the conclusion of disparate treatment discrimination. The Supreme Court created a four-part test that determines a prima facie case:
- The individual is a member of a protected legal class
- The discriminator knew of the individual’s protected legal class status
- The individual was harmed by the employer who knew of their protected class status. This can include being in a job and performed to standard, suspended, terminated, denied a promotion and/or bonus, given an unfair performance rating, or applied for a job that he or she was qualified for.
- Others in a similar situation were not treated the same or treated more favorably. That is, the job benefit was given to another individual who is not a member of a protected class, or it remains open.
When an employee uses prima facie evidence to prove their case, and the employer must offer evidence that the move was not discriminatory. This involves the employer producing a legitimate reason that isn’t discriminatory as a reason for their decision. These reasons can include layoffs, changes in a job’s responsibilities that the employee wasn’t qualified to perform, or performance issues that necessitated a termination.Once the employer responds, it’s up to the employee to prove that the employer discriminated. The employee must provide evidence that their decision is a pretext for disparate treatment discrimination.
Faced With Discrimination At Work?
Discrimination is not only difficult to prove, it’s difficult to defeat. If you believe you’ve been the target of disparate treatment discrimination, document everything, and get an employment law attorney to assist you with filing a lawsuit against your former employer.Popham Law has helped hundreds of employees who have suffered various types of discrimination at their place of employment. Discrimination of any kind is not acceptable, so don’t tolerate it.For a free consultation with the KC employment attorneys at Popham Law, contact our law office today at (844) 243-2288.
