Under federal and state laws, employers are prohibited from discriminating against employees and job applicants based on certain protected characteristics, such as race, skin color, religion, sexual orientation, gender identity, pregnancy status, national origin, age, disability status, and family genetic history. Disparate treatment discrimination occurs when an employer treats members of a protected class differently.
Although doing so is illegal, employers may use a person’s protected class against them when making job-related decisions. Disparate treatment often occurs because the employer believes a protected characteristic, such as pregnancy or religious practices, would lead to poor performance. Sometimes, the reason is a simple grudge against the protected group.
However, reasons are not excuses, and disparate treatment is always illegal. If you’ve experienced this wrongful act, you deserve justice. The dedicated team at Joseph & Norinsberg can help.
What Is Disparate Treatment Discrimination?
Disparate treatment occurs when an employer treats members of a protected class differently than others. This difference in treatment constitutes discrimination when protected group members lose out on employment opportunities or become targets of adverse actions, such as termination or a hostile work environment.
Local and state laws may add protected classes and characteristics. For example, a New York City law prohibits discrimination based on weight or height.
An employer singling out a protected class member for unfair treatment is a strong sign of disparate treatment. If you suspect your employer is engaging in this form of discrimination, check its policies and practices. You may find evidence of unfair treatment toward specific groups.
What Is the Difference Between Disparate Treatment and Disparate Impact?
Disparate treatment is intentional discrimination against a member of a protected class. Disparate impact is any action that disproportionally affects protected groups, intentionally or unintentionally.
Disparate impact is typically unintentional and occurs when policies or practices that appear neutral on their face have a disproportionate impact on a protected group. For example, some standardized tests have cultural biases that lead to lower scores by minority test-takers. Using such a test to make employment decisions would have a disparate impact.
Federal employment law prohibits disparate impact and treatment, though intentional disparate treatment is often easier to prove.
What Are Examples of Disparate Treatment Discrimination?
Disparate treatment discrimination can happen in any employment process, including hiring, firing, promotion, and pay.
Failure to Hire
Failure to hire may reflect disparate treatment if someone in a protected class loses an opportunity to someone less qualified who is not in that class.
For example, suppose a transgender person has all the necessary skills and experience for a management position. After their first in-person interview, they learn the company is moving forward with someone who is “a better fit.”
The candidate later learns that the company hired a cisgender candidate with less experience and fewer qualifications. That candidate may have a case for disparate treatment discrimination against the company.
Refusal of Promotion
Disparate treatment can result in a refusal of promotion if a qualified candidate loses the opportunity due to their protected class membership. The company is unlikely to state discrimination as the reason, but bias is evident in the selection process.
Picture a team member who has achieved significant growth for the company since starting in their role two years ago. The team member changed careers at age 39 and has been a standout performer since joining the company at a junior level.
Although the candidate has management experience, a younger and lower-performing colleague gets the role when an associate manager position opens at the company.
Termination of Employee
Under federal, state, and local laws, an employer cannot fire someone based on a protected characteristic. Unfortunately, many employers have unfairly presumed that certain protected characteristics may affect the employees’ job performance and have made termination decisions based on such bias.
For example, suppose two employees are under consideration for a layoff due to budget cuts. The company only needs to terminate one. The employer chooses a team member who recently announced a pregnancy even though that individual has seniority and has earned better performance reviews. This firing would constitute illegal disparate treatment based on the protected characteristic of pregnancy.
Unfair Pay
Employers’ compensation structures are often a mystery to employees. Some employers may use this to their advantage, paying certain employees less because of personal characteristics that do not limit their ability to excel.
For example, federal law requires employers to adjust working conditions to assist employees with disabilities, provided doing so would not pose an undue hardship. The law also prohibits unfair treatment based on that disability.
Suppose an office employee with autism needs a quiet work environment, and the employer reluctantly accommodates the employee space to provide a quiet workspace. However, the employer retaliates against the employee by paying him less than his peers, claiming that the separate workspace limited their ability to collaborate. This pay discrepancy may constitute illegal disparate treatment discrimination.
How Do You Prove Disparate Treatment Discrimination?
For the law to consider an action as disparate treatment discrimination, the plaintiff must prove three facts:
- The employee or applicant belongs to a protected class, and the employer was aware of the fact at the time of the action. Proving knowledge may require employment or application paperwork or documented communication.
- The employer took an action that negatively affected the employee or applicant. The adverse action must relate to employment circumstances.
- Others not in the protected class received more favorable treatment. This comparison must involve the same opportunity or denial of opportunity. For example, if the employer terminated the affected employee, there must be a comparable non-protected employee who kept their job.
Proving these factors can be challenging. If you have experienced discrimination, contact an experienced employment attorney as soon as possible.
Which Laws Help To Protect Against Disparate Treatment Discrimination?
Federal law prohibits discrimination based on certain protected characteristics. Those laws include the following:
- Title VII of the Civil Rights Act of 1964: This legislation makes it unlawful for employers and employment-related organizations to discriminate based on race, skin color, religious affiliation, sex, or national origin. It covers hiring, termination, compensation, and other employment-related decisions.
- Americans With Disabilities Act of 1990: This law prohibits employers from discriminating against qualified job candidates or employees based on disability and requires them to make “reasonable accommodations” for otherwise qualified employees.
- Age Discrimination in Employment Act of 1967: In response to evidence that older workers were receiving fewer opportunities, this legislation made it illegal to deprive employees of opportunities or reduce wages based on age.
- Pregnancy Discrimination Act of 1978: This law amends Title VII of the Civil Rights Act to prohibit discrimination based on pregnancy, childbirth, and related conditions. It also includes “women affected by” the same circumstances.
Many state and local laws expand on these protections. Check the laws in your area to learn whether you are a member of a protected class.
To win a disparate treatment discrimination case, you must present evidence proving that the employer violated employment laws. Consult a workplace discrimination attorney as soon as possible to discuss your rights and compensation options.
Contact Joseph & Norinsberg for your Employment Law Case
The law protects your right to build a career without suffering discrimination and prejudice. If an employer has violated your civil rights and taken action against you because of who you are, our New York City employment lawyers are here for you.
We fight relentlessly for New York workers who have suffered unfair treatment by employers. When other law firms are at the end of their rope, we tie a knot and swing even harder to get you justice.
Don’t suffer in silence another day. Contact us online or call 212-227-5700 today for a free consultation.
