FCRA WAGE PROJECT
CHAPTER 5 | DISPARATE TREATMENT CLAIMS

5-0 | CHAPTER INTRO - DISPARATE TREATMENT CLAIMS

I think my employer treats women differently than men.

a. What does “disparate treatment” mean?

b. What is the difference between disparate treatment and disparate impact?

c. What kind of claims can be brought as a disparate treatment claim?

d. I think that a company policy adversely affects me because of my gender, how do I prove it?

e. Are there times when an employment policy or practice may legally treat women different than men?

f. What could my employer do to deny my allegations, and how do I respond to its denials?

g. Does it matter when the discrimination occurred? (new window to WDTLS)

h. What options do I have if I my employer has fewer than fifteen employees? (new window to WDTLS)

i. If I prove my disparate treatment claim, what kind of remedies am I entitled to? (new window to Remedies)

5-1 | NOTE ON DISPARATE TREATMENT CLAIMS IN FLORIDA

(Note: The FCRA does not specifically mention disparate treatment, so the information on this page is based largely on federal law. See the Federal Law page for more details.)

5-A | WHAT DOES “DISPARATE TREATMENT” MEAN?

Disparate treatment is a employer’s policy or practice that explicitly treats women differently than men.

5-B | WHAT IS THE DIFFERENCE BETWEEN DISPARATE TREATMENT AND DISPARATE IMPACT?

Disparate impact is the effect of a policy that was not necessarily intended to discriminate. Disparate treatment is intentional discrimination against someone because of their protected class.

5-C | WHAT KIND OF CLAIMS CAN BE BROUGHT AS A DISPARATE TREATMENT CLAIM?

Any claim that relates to discriminatory treatment of a person because of gender qualifies as a disparate treatment claim. In the employment context common claims are discriminatory hiring or firing, unequal pay, and wrongfully denied promotion.

5-D | I THINK THAT A COMPANY POLICY ADVERSELY AFFECTS ME BECAUSE OF MY GENDER, HOW DO I PROVE IT?

To establish a disparate treatment case, you must show:

1. you are qualified;

2. you suffered an adverse employment action;

3. your employer treated similarly-situated employees not in the protected class more favorably; and

4. you were qualified for the same position or level of pay as similarly situated employees.³²

Footnotes

³² Id. at 1349.

5-E | ARE THERE TIMES WHEN AN EMPLOYMENT POLICY OR PRACTICE MAY LEGALLY TREAT WOMEN DIFFERENT THAN MEN?

An employer may justify a practice based on a bona fide occupational qualification, which is a legally legitimate reason for which an employer may consider sex or any other protected class as a qualification necessary for the performance of a particular type of employment.³³

Footnotes

³³ Fla. Stat. Ann. §760.10(7)

5-F | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Once you establish your case, your employer must give a legitimate, non-discriminatory reason for its actions. You must then show that the reasons your employer has provided are false.³⁴

Footnotes

³⁴ See Prieto, 190 F.Supp. 2d at 1349.

Congratulations! You're now booked up on Chapter 5 the FCRA Wage Project!

You might need to reference it during your pursuit of justice.

For instance, you might need to use this handbook in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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FCRA WAGE PROJECT
CHAPTER 5 | DISPARATE TREATMENT CLAIMS

5-0 | CHAPTER INTRO - DISPARATE TREATMENT CLAIMS

5-1 | NOTE ON DISPARATE TREATMENT CLAIMS IN FLORIDA

5-A | WHAT DOES “DISPARATE TREATMENT” MEAN?

5-B | WHAT IS THE DIFFERENCE BETWEEN DISPARATE TREATMENT AND DISPARATE IMPACT?

5-C | WHAT KIND OF CLAIMS CAN BE BROUGHT AS A DISPARATE TREATMENT CLAIM?

5-D | I THINK THAT A COMPANY POLICY ADVERSELY AFFECTS ME BECAUSE OF MY GENDER, HOW DO I PROVE IT?

Footnotes

5-E | ARE THERE TIMES WHEN AN EMPLOYMENT POLICY OR PRACTICE MAY LEGALLY TREAT WOMEN DIFFERENT THAN MEN?

Footnotes

5-F | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Footnotes

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FCRA WAGE PROJECTCHAPTER 5 | DISPARATE TREATMENT CLAIMS

5-0 | CHAPTER INTRO - DISPARATE TREATMENT CLAIMS

5-1 | NOTE ON DISPARATE TREATMENT CLAIMS IN FLORIDA

5-A | WHAT DOES “DISPARATE TREATMENT” MEAN?

5-B | WHAT IS THE DIFFERENCE BETWEEN DISPARATE TREATMENT AND DISPARATE IMPACT?

5-C | WHAT KIND OF CLAIMS CAN BE BROUGHT AS A DISPARATE TREATMENT CLAIM?

5-D | I THINK THAT A COMPANY POLICY ADVERSELY AFFECTS ME BECAUSE OF MY GENDER, HOW DO I PROVE IT?

Footnotes

5-E | ARE THERE TIMES WHEN AN EMPLOYMENT POLICY OR PRACTICE MAY LEGALLY TREAT WOMEN DIFFERENT THAN MEN?

Footnotes

5-F | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Footnotes

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