Employment discrimination Unfair vs. unlawful

State Human Affairs Law Prohibits Employment Discrimination Based On: RACE COLOR RELIGION NATIONAL ORIGIN SEX AGE DISABILITY

Theories of Discrimination Disparate Treatment : an individual is treated differently than others in similar situations Disparate Impact : an employment practice, nondiscriminatory on its face, is illegal if it has a disparate impact on protected classes

The but for theory

The Burden of Proof Complainant Employer Complainant

The burden of proof complainant employer complainant

A PRIMA FACIE CASE OF DISCRIMINATION EXISTS IF EMPLOYEE CAN SHOW THAT THEY: are a member of a protected class; qualified to perform job & meeting employers expectations; subjected to an adverse employment action; and similarly situated employees of another class were treated more favorably.

Once the plaintiff has established a prima facie case, the burden shifts to the defendant to provide a legitimate, nondiscriminatory reason for the adverse employment action....

If the defendant has provided a legitimate reason, the burden shifts back to the plaintiff to show that the defendants proffered reason is merely pretextual.

consistency consistency consistency

document

DO THE RIGHT THING ! BE CONSISTENT IN TREATMENT APPLY STANDARDS EQUALLY CHOOSE WORDS THOUGHTFULLY KEEP ACCURATE, OBJECTIVE RECORDS NEVER RETALIATE