The employment sector promises a fair chance to every applicant. All the hiring decisions will be based on merit regardless of the applicant’s gender or race. That is why if you think you have faced discrimination in the workplace due to your color, gender, or religious preferences, you can sue for employment discrimination. Similarly if you have a question in mind like “How much compensation will I get for a back injury?”a lawyer would help.
This involves understanding what disparate impact and disparate treatment is and also a Disparate impact vs disparate treatment comparison.The difference will help you understand where your case lies.
Today we will also deal with how to tell if you have been discriminated against in the employment sector. If you are in San Diego, you can look for an employer lawyer in San Diego.
Disparate impact: What is it?
The law of a country recognizes many illegal acts. In the employment sector, we hear about two types of discrimination. The non-deliberate or unintentional discrimination is called a disparate impact.
For example, if an employer places a test of how fast someone can do something, he or she is indirectly discriminating against the old folk, who wont be able to do so. In some cases, this won’t be illegal since some jobs require a specific set of abilities. Nonetheless, if you think you were a victim of disparate impact, you can sue in court.
Disparate treatment: What is it?
This type of discrimination refers to the intentional discrimination by the employer. This means you were discriminated against while the employer was well aware and intended to do so. For example, an employer requires a person of color to show a police record and not require it from a white person.
How can you tell you were discriminated against?
Now since you know what disparate treatment and disparate impact are, it’s time to know how to prove your case. As mentioned prior, it’s not necessary that the discrimination was illegal; hence you would need the following proof to show that you were indeed illegally discriminated against.
In a disparate treatment or an intentional discrimiantion, you have to prove the following.
- The laws of a state mention specific groups given a protected status. If they are discriminated against because of that, it is an illegal discrimnation, and they can file a lawsuit.
- The employer was aware that you belong to a protected status.
- The employer performed an action that harmed you or had a negative impact. This can include not getting the job or a promotion.
- Non-protected individuals did not face the same treatment by the employer.
If you believe that this is the case, you are free to file a lawsuit.
Since these are not as popular, they are slightly harder to prove. To prove a disparate impact case, you need to show that your protected class was harmed more due to an unintentional decision of the employer.
The employer will have to prove that he or she had a genuine reason for the act, and it was in no way a discriminatory practice. If the employer says so, you would need to find more proof to support your claim, such as finding other practices that they could have employed instead.
Employment discrimination is a practice that has existed forever. Although laws are laid down for individuals, it will take some time to be applied completely. Nonetheless, if you have faced such a situation, It would help if you looked into filing a suit since this can get you compensated and prevent the employer from doing such practices again.