Employment Discrimination
Disparate impact employment discrimination suggests that an employment practice has a greater impact on one protected group than it does on other groups. For example, a non-driving related job in New York city, which required the employee have a driver's license might impact members of different races in different ways. If there is a disparate impact, then the employer has to prove that the questionable practice is actually linked to the performance of the job. Disparate impact cases generally have a greater number of plaintiffs, because they deal with how large groups of people are impacted by a company's employment practices, though a single plaintiff can bring a disparate impact suit, as well. The main defense to a disparate impact lawsuit is that the practice in question does actually have a relationship to the job.
Disparate treatment alleges that an employer discriminated against a specific, protected person, or that a company's employment policies intentionally discriminate against a protected class. For example, the lawsuit that was brought against Hooters' restaurant alleged disparate treatment because male servers were not hired at the restaurant. Generally there is a single plaintiff in a disparate treatment lawsuit, though if a company's employment policies are facially discriminatory, there could be numerous plaintiffs. The main defense to a disparate treatment lawsuit is that the plaintiff was not treated differently than similarly-situated people. An ancillary defense to a disparate treatment claim is that the plaintiff was treated differently, but that the discrimination is part of a bona-fide occupational qualification.
Reasonable accommodation refers to the accommodations that an employer must provide to an employee under federal anti-discrimination laws. The term is most frequently used to describe actions under the Americans with Disabilities Act, though Title VII of the Civil Rights Act of 1964 may imply a duty for reasonable accommodation of certain things, such as allowing a nursing mother time to breast pump during the workday. A reasonable accommodations lawsuit is almost always going to involve a single plaintiff. The first defense is that the accommodations were reasonable. However, there are several factors relating to exactly what type of accommodation an employer must make, and an employer can claim that the accommodation was too costly or otherwise prohibitive, and actually be excused from providing the accommodation.
