Anti-Discrimination: Know Your Rights under Title Vii, Ada, and Adea

Disparate treatment is intentional discrimination in which an employer makes an adverse employment decision because of the employee's race, sex, religion, or other protected characteristic. To establish a prima facie case, the employee must show membership in a protected class, qualification for the position, an adverse action, and less favorable treatment than a similarly situated employee outside the class ; at which point the burden shifts to the employer under the McDonnell Douglas framework to articulate a legitimate, nondiscriminatory reason.

Discrimination and harassment and hostile work environment counsel can advise on the specific elements of a disparate treatment claim, assess whether the employer's adverse employment action was taken because of a protected characteristic, and develop the employer's McDonnell Douglas defense or the employee's prima facie case.

Disparate impact occurs when a facially neutral employer policy ( such as a standardized test, physical fitness requirement, or educational credential ) produces a statistically significant adverse effect on a protected class and is not justified by business necessity. Unlike disparate treatment, disparate impact requires no proof of intent; the employee establishes the claim with statistical evidence of disproportionate exclusion, and the employer must then show the practice is job-related and consistent with business necessity under Griggs v. Duke Power Co.

Civil rights litigation and equal employment opportunity counsel can advise on the specific neutral policy at issue in a disparate impact claim, assess whether statistical evidence supports a finding of disproportionate adverse effect, and develop the business necessity defense or the impact claim strategy.

Under the ADA, an employer with fifteen or more employees must provide a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the employer's operations. The employer must engage in an interactive process with the employee to identify effective accommodations, document that process, and provide a written explanation if the proposed accommodation is rejected ; failure to engage in the interactive process is itself an independent ADA violation.

ADA and ADA compliance counsel can advise on the reasonable accommodation obligations triggered by an employee's disability, assess whether the proposed accommodation imposes an undue hardship, and develop the interactive process documentation and accommodation response strategy.

To establish a prima facie ADEA claim, an employee must show age 40 or older, qualification for the position, an adverse employment action, and replacement by or less favorable treatment than a substantially younger employee. Unlike Title VII, the ADEA requires the employee to prove that age was the but-for cause of the adverse action ( not merely a motivating factor ) a stricter standard established by the Supreme Court in Gross v. FBL Financial Services.

Age discrimination and Americans with Disabilities Act counsel can advise on the specific elements of an ADEA disparate treatment or reduction-in-force claim, assess whether the employer's legitimate nondiscriminatory reason is supported by the evidence, and develop the ADEA defense or prosecution strategy.

Retaliation is illegal under Title VII, the ADA, and the ADEA when an employer takes a materially adverse action against an employee because the employee filed an EEOC charge, complained internally about discrimination, participated in a discrimination investigation, or opposed any practice the employee reasonably believed was unlawful. The Supreme Court in Burlington Northern v. White expanded the definition of materially adverse beyond formal employment actions to include any action that would dissuade a reasonable worker from making or supporting a discrimination charge.

Workplace retaliation and wrongful termination counsel can advise on the specific elements of a Title VII, ADA, or ADEA retaliation claim, assess whether the adverse action was causally connected to the employee's protected activity, and develop the retaliation defense or claim strategy.

Filing an EEOC charge is a mandatory prerequisite to federal court litigation under Title VII, the ADA, and the ADEA, and the charge must be filed within 180 days of the discriminatory act or within 300 days in states with a fair employment practices agency. After filing, the EEOC notifies the employer, investigates, and either issues a right-to-sue letter or attempts conciliation, and the employee may request a right-to-sue letter after 180 days even if the EEOC has not completed its investigation.

Labor and employee rights and labor laws counsel can advise on the EEOC charge filing requirements and the employer's response obligations, assess whether the EEOC investigation findings support or undermine the underlying discrimination claim, and develop the EEOC representation and federal litigation strategy.