Employment Discrimination
Question: What does employment discrimination mean?
Answer: While each employment discrimination law defines what discrimination means, it is generally illegal for a covered employer to fail or refuse to hire, to fire, or to otherwise discriminate against an applicant or employee with respect to compensation, terms, conditions, or privileges of employment, because of such person's race, sex, religion, color, national origin, age, disability or other protected category.
Question: How is employment discrimination proven in court?
Answer: Employees typically rely on the following employment-law theories to prove that an employer or other covered entity has engaged in employment discrimination: (1) disparate treatment, and (2) disparate, adverse impact; (3) failure to accommodate; or (4) retaliation.
Disparate Treatment, which is the simplest theory to understand, refers to a claim that an employer or other covered entity intentionally treated the employee or applicant unfavorably because of such person's race, color, religion, sex, or national origin, or other protected status.Adverse Impact refers to a claim that the company's otherwise lawful policy has a significant adverse impact on a protected group. Examples include tests or other criteria for hiring or promotions that seem neutral on the surface but can be shown to limit the opportunities of persons based on race, sex, or other protected status.
Failure to Accommodate: Laws prohibiting discrimination because of religion or disability generally require the employer to provide a "reasonable accommodation" to the individual's religion or disability, unless doing so would cause an "undue hardship" to the company.
See also, Retaliation & Whistleblower Laws
To schedule a consultation concerning an employment discrimination matter, internal complaint procedures, or other employment law issues, contact Searcy Law Offices at 703-644-4122 (Virginia) or 202-393-1443 (District of Columbia).
