Try a Disparate Suit
Nancy Giles is a litigation attorney in Phoenix AZ. Her practice is focused in the areas of civil and commercial litigation. After practicing complex civil litigation for 5 years with two of the largest law firms in Phoenix, Nancy started her own firm, Giles Legal. Nancy provides personalized legal service to small businesses and individual clients with employment, contract, financial, negotiation, litigation, and other related needs.
What is the difference between these two statements?
1. We will never hire someone over 40.
2. We are looking for people with fewer than 20 years of experience.
Number one shows Disparate Treatment and number two shows Disparate Impact.
Hear Nancy explain the difference between Disparate Treatment, which prohibits
employers from direct discrimination against a protected class, and Disparate
Impact, where an employer may or may not be motivated by discriminatory
intent, but uses a facially neutral employment practice that has an unjustified
adverse impact on members of a protected class. "Disparate Impact is
a much harder case to prove. If the company can show that it was not
motivated by stereotype, then there likely is no case," recounted Giles.
Additionally Nancy talks about the emotional aspects of age discrimination.
"You should not discount the fact that discrimination may be happening to you. Even if you can’t prove it under the law, it is real and it occurs." Nancy warns against letting someone tell you, "if only you had on a different suit, or a different smile, you would have gotten the job."
When dealing with a job loss or unsuccessful job hunt, personal, spiritual and psychological guidance can be helpful. However, it is best to make sure that the person you speak with understands the issue of age discrimination, because it is real and it isn’t fair.
Disclaimer: The above does not constitute legal advice, as individual circumstances may vary. You are urged to consult with an attorney before making decisions regarding potential age discrimination claims.
