The legal concept of disparate treatment in employment discrimination cases refers to situations where an employer treats some employees less favorably than others based on a protected characteristic such as race or gender. The employer can be found liable depending on whether that characteristic was the actual motivation for the employer’s challenged decision. This requires determining the employer’s intent to discriminate.
Granger v. Texas Department of Transportation
In the case of Granger v. Texas Department of Transportation, the plaintiff
was employed with the Texas Department of Transportation. She was terminated
after ten (10) years of employment when she was caught taking scrap metal
and other materials from the trash for her own personal use, which was
against company policy. The employee, who is female, alleged that her
termination was discriminatory because other male employees had done something
similar but were not terminated. The trial court dismissed her claims
and she appealed.
The Appellate Court Agrees with the Dismissal of the Employee’s Claim
The appellate court examined the facts of the case and determined that
the male employees she had compared herself to did not share the same
supervisor as the plaintiff. That means they are not appropriate comparators
because the decision makers were not the same. Also, the appellate court
determined that the employer cannot be held liable for terminating an
employee who has admittedly broken company policies. By taking company
property for personal use, the employee gave the employer a legitimate,
nondiscriminatory reason for terminating her.
What is Required to Prove a Wrongful Termination Claim?
In a termination case, you must show that you are a member of a protected
class; you were terminated from your job; at the time of your termination,
your job performance met your employer’s legitimate expectations;
and you were replaced by a similarly qualified individual who is not in
your protected class. Terms and conditions cases are similar in their
requirements. Once again, you must show you are a member of a protected
class; you were subjected to an adverse job action; your employer treated
similarly situated employees outside of your protected class more favorably;
and you were qualified to do your job, at that time.
Damaging Your Employment Case by Breaking the Rules
Many employment discrimination cases are filed when an employee is either
disciplined or terminated and they believe those actions were discriminatory.
Although in many situations this may be the case, when employees are also
engaging in disruptive behavior in the workplace, that makes their case
more difficult to prove. It is not uncommon for there to be at least one
disruptive person in the workplace. But, if you feel like you are being
discriminated against, don’t let that person be you.
If you feel you have been the victim of discrimination or retaliation
in the workplace, or if you have any other questions regarding your employment
rights, please contact the experienced
Birmingham employment law attorneys at Wrady Michel & King . You can
contact us either online or by calling us at (205) 265-1880. We are here
to serve you!
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