Title VII of the Civil Rights Act of 1964 prohibits intentional acts of employment discrimination based on race, color, religion, sex, national origin and other protected classes (disparate treatment), as well as policies or practices that are not intended to discriminate but in fact have a disproportionately adverse effect on minorities (disparate impact).
Disparate treatment occurs when an employer intentionally discriminates against an individual or group based on protected characteristics (e.g., race, sex, age, disability, religion, or national origin) under statutes such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), or the Americans with Disabilities Act (ADA). Unlike disparate impact, which addresses unintentional harm from neutral policies, disparate treatment focuses on deliberate bias in employment decisions such as hiring, firing, promotions and pay.
Disparate Treatment Claims at a Glance
- To file a discrimination claim due to disparate treatment, the employee must belong to protected class (e.g., discrimination based on race, sex, or age).
- The plaintiff must show that the suffered an adverse employment action such as termination, demotion, denial of hire or other.
- The plaintiff must provide evidence that the employer’s action was motivated by bias against the protected characteristic – aka discriminatory intent – often shown through direct evidence (e.g., discriminatory statements) or circumstantial evidence (e.g., inconsistent treatment of similar employees).
- The employer may rebut the claim by showing a legitimate, nondiscriminatory reason for the employment action, to which the plaintiff can argue this reason is a pretext for discrimination.
Examples of disparate treatment run the gamut from refusing to hire a qualified woman because of her gender to firing an older employee and replacing them with a younger one due to age bias. Employment discrimination on the basis race, color, sex (including pregnancy and sexual orientation), age, disability, religion, or national origin is prohibited by federal and many state laws.
Remedies to Disparate Treatment
An employee who is a member of a protected class that has suffered an adverse employment action (such as being denied a job) must provide evidence that the action occurred under circumstances suggesting discrimination (e.g., a less qualified person outside the protected class was chosen). They may file a lawsuit seeking damages for lost wages, job reinstatement, emotional distress, or punitive damages. It is important to work with an experienced employment discrimination lawyer to discuss the strength of your case.
Consult with an Experienced Employment Discrimination Lawyer Today
It is possible to pursue both disparate treatment and disparate impact claims simultaneously. Both types of claims are recognized under federal laws such as Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, sex, national origin, and religion, among other protected characteristics. It is important to discuss your situation with an attorney experienced in employment discrimination law to understand the specific requirements and strategies for pursuing claims effectively. Contact the attorneys at Alan C. Olson & Associates for immediate assistance at 262-785-9606.
