Disparate Treatment Research Paper

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Mini Paper 1: Disparate Treatment Disparate Treatment is the intentional discrimination of individuals who have a disability or belong to a particular group based on their age, ethnicity, race, or sex (businessdictionary.com). The evidence may be blatant or circumstantial but in either case the employer has done so knowingly and deliberately. Listed below are the four factors that courts frequently require to establish a charge of disparate treatment: * The person belongs to a protected class. * The person applied for, and was qualified for, a job the employer was trying to fill. * The person was rejected despite being qualified. * The position remained open and the employer continued to seek applicants as qualified as the rejected person. First, the person who was or is being discriminated against, must belong to a protected class, which includes age, ethnicity, race, sex, and disability. If the…show more content…
A person may be part of a protected class but not qualified for the job so the employer cannot reasonably consider that person for the position. A person may have applied for a position that the employer was not actively seeking to fill, or the person may not belong to a protected class at all. However, when all four factors are present, there is quite a lot of evidence to prove the case of discrimination. Once an employee or job applicant files a charge enforcement proceedings begin. The main issue is to prove, by either direct or circumstantial evidence, if the employer’s actions were motivated by discriminatory intent. In most cases, the plaintiff is unable to produce direct evidence and must prove discriminatory intent indirectly by inference. A structure, commonly known as the McDonnell Douglas burden-shifting formula, has been created for these types of cases. It goes as follows: 1. The plaintiff must establish a prima facie case of

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