Disparate Treatment Claims

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:
1. you are qualified;
2. you suffered an adverse employment action;
3. your employer treated similarly-situated employees not in the protected class more favorably; and
4. you were qualified for the same position or level of pay as similarly situated employees.

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.