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Disparate Treatment Claims
I think my employer treats women differently than men.What does "Disparate treatment" mean?Under Title VII , a woman becomes a victim of discrimination by way of disparate treatment if an employer treats her less favorably because of her gender. What kind of claims can be brought as a "Disparate treatment" claim?Any claim that relates to discriminatory treatment of a woman because of her gender qualifies as a disparate treatment claim. In the employment context, the common claims are:
-sexual harassment;
-pregnancy discrimination;
-discriminatory hiring because of sex;
-wrongfully denied promotion because of sex;
-discriminatory firing because of sex; and
-retaliation for filing a complaint due to discrimination because of sex. What could my employer do to deny my allegations, and how do I respond to its denials?Your employer can present evidence showing that the reason you were treated differently was not because of your gender, but that the treatment was actually due to legitimate business decisions. You must then present evidence that establishes that your employer’s reason is an excuse to conceal gender discrimination, or that more likely than not, despite the reason presented by your employer, your gender was a determinative factor for the discriminatory treatment. What if my employer cannot present legitimate reasons for making the adverse employment decision, yet I am able to present evidence that the employer’s adverse decision was due to discriminatory reasons?An employer’s failure to present nondiscriminatory reasons or persuasive reasons does not necessarily require a favorable outcome for you, because the ultimate finding of discrimination is one that the jury or judge must make. However, evidence presented by you yourself may be sufficient to permit the jury or judge to conclude that the employer unlawfully discriminated.
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