Treatment FAQ

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by Lee Franecki Sr. Published 3 years ago Updated 2 years ago
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In the employment context, differential treatment often means that an employer treats a group of employees differently from other groups because of specific characteristics that they are unable to change. If your employer engages in differential treatment, it may be unlawful if it is for a discriminatory purpose.

Full Answer

How does the criminal justice system provide differential treatment?

Consider the impacts of this differential treatment on offenders and on society. source.. There are a number of ways through which the criminal justice system may provide differential treatment to offenders belonging to ethnic and racial minority groups. First, the criminal justice system may provide differential treatment through arrests.

What is differential treatment?

What is Differential Treatment? Being treated differently from other employees at your job may be legal or illegal, depending on the reason that your employer treats you differently.

Does differential treatment of young black men reflect discriminatory practices?

Feilzer and Hood (2004) found evidence of differential treatment of young black men, but were unable to establish whether this reflected discriminatory practices as their data did not capture salient factors in remand decisions, such as stable home environment. This same caveat applies to the current dataset.

What happens if you are subjected to unlawful differential treatment?

When you are subjected to unlawful differential treatment, it may impact your ability to reach your full potential or to complete the tasks of your job. Employers are prohibited from treating protected classes of employees differently simply because of their protected characteristics.

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What is differential treatment?

Your employer makes it difficult for disabled workers to complete their job duties. Differential treatment normally occurs in a pattern instead of in a single incident. There are many different scenarios that can happen in your workplace.

What does differential treatment mean in employment?

In the employment context, differential treatment often means that an employer treats a group of employees differently from other groups because of specific characteristics that they are unable to change. If your employer engages in differential treatment, it may be unlawful if it is for a discriminatory purpose.

What happens when employers treat workers differently?

When employers treat workers differently because of their protected characteristics, the actions of the employer are illegal. Employees who have been the victims of workplace discrimination can file discrimination charges with the Equal Employment Opportunity Commission or the state’s corresponding agency.

What happens if an employer is found guilty of discrimination?

If the employer is found guilty of illegal discrimination, the employer could be ordered to pay compensatory damages, attorneys’ fees, and punitive damages. If you believe that your employer has engaged in differential treatment against you that is illegal, it is important for you to talk to an experienced employment attorney to talk about ...

How to get rid of discrimination?

Write down any discriminatory incident that occurs and include the names of any witnesses who were there. Keep copies of any discriminatory emails or text messages, and ask for copies of your performance evaluations.

Is it illegal to retaliate against someone for discrimination?

Retaliation against people for reporting discrimination at their jobs is also illegal even if your discrimination complaint is found to not have valid grounds. The attorneys at Swartz Swidler can help you to understand the legal rights that you have, including the right to work at a job free from unlawful discrimination.

Is differential treatment illegal?

Types of differential treatment that are not illegal. There are some cases in which differential treatment at your work is lawful. For example, if your employer treats you poorly because of your job performance, that is not unlawful. Employers are allowed to treat workers differently based on their individual job performance and can discipline ...

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Scenarios of Differential Treatment That Might Be Unlawful

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Here are a few situations in which differential treatment at work could be illegal workplace discrimination: 1. Your employer only hires a specific race or gender for a certain position; 2. Your employer does not give promotion to older workers because they might retire; 3. Your employer segregates different areas of your wo…
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Types of Differential Treatment That Are Not Illegal

  • There are some cases in which differential treatment at your work is lawful. For example, if your employer treats you poorly because of your job performance, that is not unlawful. Employers are allowed to treat workers differently based on their individual job performance and can discipline and reward them differently based on that. It is also not unlawful for an employer to treat an em…
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Treatment That Is Discriminatory in Nature

  • When your employer treats workers differently because of their protected characteristics, the differential treatment is discriminatory and illegal. Some of the protected characteristics include the following: 1. Race 2. Color 3. National origin 4. Age 5. Gender 6. Disability 7. Pregnancy status 8. Sexual orientation Under federal and state anti-dis...
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What Can You Do If You Have Received Discriminatory Treatment?

  • When employers treat workers differently because of their protected characteristics, the actions of the employer are illegal. Employees who have been the victims of workplace discrimination can file discrimination charges with the Equal Employment Opportunity Commission or the state’s corresponding agency. Once a charge has been filed, the EEOC will investigate it. If the employe…
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