Indiana Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction
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FAQ
What is Disparate Treatment? If an employee makes a claim of disparate treatment against his employer, it means that he believes that his employer has discriminated against him based on his membership in a protected class (race, religion, gender, national origin, sexuality, disability or other ?difference?).
By its nature, ?disparate impact? evidence involves showing a disparity. Plaintiff must show that the extent of harm the policy or practice causes minorities and non-minorities is different.
If your organization's policies, practices or procedures are unbiased but end in a disproportionate impact on protected groups ? race, color, religion, sex or national origin ? this would be disparate impact.
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).
Disparate impact, also known as adverse impact, is a form of indirect and often unintentional discrimination whereby certain hiring criteria disproportionately favor certain groups over other groups.
Indirect or circumstantial evidence of illegal discrimination includes proof of a set of circumstances that allows the jury to reasonably believe that some impermissible factor, such as a person's age, race, color, religion, sex, marital status, gender identity or expression, national origin or physical or mental ...
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.
The analysis is as follows: (1) the plaintiff must establish a prima facie case of discrimination; (2) the employer must then articulate, through admissible evidence, a legitimate, nondiscriminatory reason for its actions; and (3) in order to prevail, the plaintiff must prove that the employer's stated reason is a ...