When The Employers Should Be Held Liable?

Discrimination occurs when an employee or any job applicant receives unfavorable or less favorable treatment as they have some specific characteristics but all types of discrimination are legally prohibited. The claims of discrimination mostly fall in the two categories. One is disparate treatment discrimination and the other is disparate impact discrimination. It is important for you to know about Race Discrimination definition, law, and elements California. Disparate treatment discrimination usually occurs if the employee is singled out or specifically targeted due to their protected characteristic. In such cases, the actions of the employers should be motivated by discriminatory intent.  


Disparate treatment discrimination


The disparate treatment may occur when the employers refuse to hire, demotes, and refuses to promote, take some negative action against some employee or harass him/her. In the disparate treatment cases mostly there are some common types of discrimination that are faced by the employees. Mostly, the employees have the burden to prove that they have been the victim of any type of discrimination. For proving this, the employee should show some evidence. Such facts are known as ‘elements’ of the claim. Mostly this happens if the employer was an entity covered under the anti-discrimination laws.


Disparate treatment may occur if the employer takes some negative employment action like refusal in hiring some employee, fire the worker, or refusing to promote. The job applicant’s or employees’ protected status like religion, race, gender, sexual orientation can be the motivating factor for the negative employment action by the employer. If the worker is not able to prove all such elements then he won’t be successful to take the action against the employer for the disparate treatment discrimination. You need to prove all such elements and there should be proof. Then only you will be successful to prove such type of discrimination.


Disparate impact discrimination


The disparate impact discrimination occurs if there are some policies adopted by the employer which applies to all employees but it has a negative impact on some protected characteristic rather than those who do not have it. The disparate impact arises when such policies are adopted by the employers which are ‘facially neutral’ in which they really don’t appear to discriminate against someone against some protected characteristic. The policy can be unlawful if it has some adverse impact on the employees with some protected characteristics. In disparate impact discrimination, the employer can be held liable even if the employer did not have any type of discriminatory intent.


For successfully proving that the employer is engaged in the disparate impact discrimination, the employee will have the burden of showing some facts which are true. It is also called ‘elements’ of a claim. The anti-discrimination laws of California apply to different categories of employers. It includes the businesses or people who regularly employ 5 or more persons, businesses, or people which act as the agent of the covered employer. There are also different exceptions to different types of categories. For example, the ban on California for harassment applies to different employers of any size. 

California law helps to seek for eliminating discrimination from the workplace and it also does not apply to the different small employers. The laws of California help in protecting the interests of the employees so it is important for you to know everything about the discrimination.

Views: 36

Add a Comment

You need to be a member of The AMED Network to add comments!

Join The AMED Network


Latest Activity

john heywood updated their profile
22 hours ago
Julie Allan commented on Bob MacKenzie's event 'Creative Climate Conversations, with Bridget McKenzie'
An event by Bob MacKenzie was featured

Creative Climate Conversations, with Bridget McKenzie at ZOOM

February 19, 2021 from 1:15pm to 4:30pm
Bob MacKenzie posted an event

Creative Climate Conversations, with Bridget McKenzie at ZOOM

February 19, 2021 from 1:15pm to 4:30pm

O&P back issues

O&P back issues now for sale. 

We have a rich library of O&P issues and individual articles in electronic format going back to 1994, just waiting for you. Copy of order form for back issues of e-O&P in MS Word format.


Make sure you can reach the Full AMED Members' page or the O&P Subscribers' page to download the latest edition.

Not yet a member or subscriber?
Click here for synopses of recent editions.

© 2021   Created by AMED Admin.   Powered by

Badges  |  Report an Issue  |  Terms of Service