Disparate Treatment Discrimination

Jennifer Duke
January 12, 2016

For example, a Hispanic employee may have a disparate treatment claim based on race if he is denied a promotion despite being qualified, while his non-Hispanic coworkers receive the promotion. While this example may seem straight forward and it may appear that the discrimination here is obvious, disparate treatment claims are rarely as simple or straightforward as they seem. In the example, it is possible that the employer had a legitimate reason for failing to promote the employee – perhaps the promoted coworkers had more seniority and this employer promotes strictly by seniority, or maybe the employer claims he was not even aware of the employee’s race.

In order to prove a claim of disparate treatment, an employee must prove that he or she:

  • Is a member of a protected class,
  • The person accused of discrimination knew of the employee’s protected class,
  • An act of harm occurred,
  • And that similarly situated coworkers outside of the employee’s protected class were not subjected to the harm or were treated more favorably

Additionally, if the employer offers a non-discriminatory explanation in response to an employee’s claims, the employee must then prove that the employer’s stated reason is false, and just a cover-up for the discrimination.

Successfully pursuing a disparate treatment claim requires more than just “ticking off the boxes” for each element of a claim. Each element of the claim must be adequately proven. If you are a federal employee and believe you are being subjected to disparate treatment, the federal employee attorneys at Melville Johnson, P.C. may be able to help. Call or message us today to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
Contact us today
If you're a federal employee and feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.