How do courts determine whether an employer has violated employment discrimination law?

Employment discrimination law exists to protect individuals from unfair treatment based on certain characteristics, such as age, race, gender, religion, and disability. In California, courts must determine whether an employer has violated the law by determining if they engaged in any “adverse employment action” based on any of the protected characteristics. Adverse employment action includes any action that negatively alters an employee’s pay, benefits, job responsibilities, or opportunities. When determining whether there has been a violation of employment discrimination law, courts will typically review the facts of the case, such as any evidence of disparate treatment or disparate impact. Disparate treatment occurs when an employer treats an individual differently than similarly situated individuals based on a protected characteristic, while disparate impact occurs when an employer has a policy or practice that unintentionally affects individuals from a protected group more harshly than it affects those who are not in the group. The courts can also look at the context and motive of the person accused of discrimination. They could determine that if the employer had felt some kind of negative bias or animus toward the employee, then there may have been a violation of employment discrimination law. Ultimately, courts are looking to determine if the employer’s actions were unjustified and discriminatory. If there is evidence that the person was treated differently for being part of a particular group, then the court may find that a violation of employment discrimination law has occurred.

How do courts determine whether an employer has violated employment discrimination law?

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