11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof refers to a type of employment discrimination based on age. This type of discrimination occurs when an employer treats an employee or job applicant less favorably based on his or her age. To prove age discrimination, an individual must establish that he or she is a member of a protected class (i.e. over the age of 40), was subjected to an adverse employment action (e.g. termination, demotion, etc.), and that the employer’s action was motivated by age. The burden of proof for disparate treatment claims is on the employee or job applicant. The employee must show that the employer's action was based on age, rather than on other reasons. There are two types of 11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof: direct and circumstantial evidence. Direct evidence is evidence that proves age discrimination without any inference or conclusion. Circumstantial evidence is evidence that allows an inference or conclusion of age discrimination.
11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof
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How Do You Prove Disparate Treatment? That the plaintiff is a member of a protected class (such as African American, pregnant, over age 40, etc.) That the plaintiff was qualified for the employment benefit in question. That the plaintiff was denied the employment benefit in question.
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show ?(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.?
In other words, the plaintiff alleging discrimination under the ADEA must prove that, regardless of other possible contributing factors, the employee's age was the determinative factor, without which the employer would not have taken the adverse employment action.
Example of disparate treatment: providing higher pay to men than women for performing the same job (intentional discrimination) Example of disparate impact: hiring more men than women as construction workers as a result of physical height or strength (unintentional discrimination).
To establish an adverse disparate impact, the investigating agency must (1) identify the specific policy or practice at issue; (2) establish adversity/harm; (3) establish significant disparity; 9 and (4) establish causation.
With federal disparate treatment claims under Title VII, employees do have the initial burden of proof. This means you must show that: You belong to a protected class ? that is, you're protected from discrimination on account of your race, color, national origin, religion or sex.
The existence of illegal disparate treatment may be established either by statements revealing that a lender explicitly considered prohibited factors (overt evidence) or by differences in treatment that are not fully explained by legitimate nondiscrimina tory factors (comparative evidence).