4 Factors of Disparate Treatment in Employment Law.
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There are four situational factors that courts frequently require to initially establish a charge of disparate treatment. Analyze each factor and discuss why you think each one is individually important. Explain why the courts usually require that all four factors be present in a charge of disparate treatment.
The four factors are
1. The person belongs to a protected class
2. The person applied for and was qualified for, a job the employer was trying to fill.
3. The person was rejected despite being qualified
4. The position remained open and the employer continued to seek applicants as qualified as the person rejected.
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Solution Summary
This solution provides students with the four disparate factors that can represent disparate treatment in workplaces under employment law.
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1. The person belongs to a protected class
The reason that systemic disparate treatment theory is the easiest and most understood type of discrimination emanates from the ideology behind this theory. In laymen's terms employers simply treat some people, typically those from protected groups (minorities, women, and other historically discriminated groups) less favorably than others because of certain easily identifiable traits. Race, color, religion, sex, and national origin are typically at the heart of any disparate treatment case and these can be inferred from the mere fact of differences in treatment toward the aforementioned protected groups. Protected groups are protected because of centuries in some instances of previous discrimination that has been used to deny jobs and services to these groups (Bent, 2011).
Therefore, the courts require this as a formality because these groups are most targeted for discrimination by employers. The outlined discriminatory inferences of required discriminatory intent include cases wherein an employer explicitly announces policies or formal declarations that those from a particular class will be treated differently and in which no expressed announcements exist but the treatment of those from protected groups is consistently different because of their characteristics (Bent, 2011).
2. The person applied for and was qualified for, a job the employer was trying to fill
The courts require for the plaintiff to be from a ...
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