The two legal terms used to describe types of discrimination are (1) disparate treatment and (2) disparate impact. Disparate treatment refers to an employer intentionally treating an employee differently based on race, gender, religion, disability, age, or some other protected category. For example, let’s say that two employees a male and a female both commit the same offense of reading personal email excessively on company time. Then, the employer suspends the male employee but only issues a verbal warning to the female employee. The male employee may claim that he was subjected to disparate treatment based on sex. When employers apply their rules and regulations inconsistently to different employees, it raises the possibility that certain employees were subjected to disparate treatment discrimination.
Disparate impact discrimination is different. It refers to facially neutral employment policies that work an adverse impact on a protected class.
- Does Title VII apply to just intentional discrimination?
- Which states prohibit employment discrimination based on sexual orientation for public employees only?
- What states have laws that prohibit discrimination against employees (public and private) because of sexual orientation?
- Since Title VII does not protect employees from discrimination based on sexual orientation does that mean these employees have no protection?
- TitleVII protects individuals based on their gender, but does it protect people because of their sexual orientation?
- Does Title VII protect individuals of all races?
- What types of discrimination does Title VII prohibit?
- Does Title VII apply to all employees?
- What is Title VII?
- Does my state also have anti discrimination laws that protect me as an employee?
- What are some of the major anti discrimination laws at the federal level?
- Can employers really discriminate against employees for any reason?
- What state passed a law that repealed the employment at will doctrine?
- What are some of the most common types of public policy exceptions to the employment at will doctrine?
- How does a court determine a public policy exception to the at will doctrine?
- How did the employment at will doctrine originate in the United States?
- Can the employee handbook that an employer hands out to you constitute a valid contract that binds the employer?
- What broad categories of workers are not subject to the employment at will doctrine?
- What legal doctrine still provides the baseline rule that employees have little protection in the employment relationship in the United States?
- What is a 341 meeting?
