employment discrimination · claim
Disparate Treatment occurs when an employer treats a specific individual or group less favorably than others due to their protected characteristics. This type of discrimination can be established by demonstrating that the decision was made with discriminatory intent.
The plaintiff must belong to a group protected by anti-discrimination laws.
What to prove: The plaintiff must show that they are a member of a recognized protected class, such as race, color, religion, sex, or national origin.
The plaintiff must have experienced an adverse employment action.
What to prove: The plaintiff must demonstrate that they suffered negative consequences in their employment, such as termination, demotion, or denial of promotion.
The plaintiff must show they were treated differently from similarly situated individuals outside their protected class.
What to prove: The plaintiff needs to provide evidence that employees outside their protected group were treated more favorably under similar circumstances.
The plaintiff must prove that the adverse action was taken because of their protected characteristic.
What to prove: The plaintiff must show that the employer's motive in taking the adverse action was discriminatory, as opposed to a legitimate business reason.
The plaintiff bears the initial burden to establish a prima facie case of discrimination by a preponderance of the evidence.
Disparate Treatment cases often appear in hypotheticals regarding employer decisions, where students must identify elements and analyze discrimination intent.