In discrimination cases, you can attempt to prove the existence of discrimination by showing that your employer’s practices and policies disproportionately harmed people of a protected class, which is called “disparate impact.” Alternatively, you can show that the employer treated you, a member of a protected class, less favorably than a comparable co-worker who was not a member of a protected class, which is “disparate treatment.” Each of these techniques requires presenting certain types of evidence to the court. To ensure that your discrimination case is as persuasive as possible, make sure that you have retained a skilled New Jersey discrimination attorney to represent you.
One example of a disparate treatment case was a lawsuit filed by an employee named Harold. Harold was a store manager at a pharmacy. At some point while on the job, Harold suspected a photo technician’s daughter of shoplifting. Harold did not report the shoplifting to his supervisors at first. Only when the daughter stole a customer’s wallet did Harold take action, contacting police. This was a failure to follow the company’s “loss prevention” policies. Allegedly due to Harold’s failure to follow those policies, the employer terminated Harold’s employment.
The manager sued his employer for discrimination. According to his claim, the failure to follow the policy was only a pretext for the real reasons he lost his job. Harold, a 61-year-old gay man, asserted that age and sexual orientation discrimination were the real motivators for his firing.