Employment Discrimination in Texas?
Have you experience employment discrimination in Texas by the insurance company Texas Mutual Insurance Company? Was the treatment based on your race and did it have a disparate impact?
What is Disparate Treatment?
Disparate treatment is defined by the United States Supreme Court as discrimination in which “the employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin.” Whether or not an employer can be found liable “depends on whether the protected trait…actually motivated the employer’s decision.”
What is Disparate Impact?
Disparate impact focuses not on discriminatory intent, as disparate treatment does, but instead on discriminatory consequences. Disparate impact involves “employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and cannot be justified by business necessity…Proof of discriminatory motive, we have held, is not required under a disparate-impact theory.
Disparate treatment also manifests itself in the terms and conditions of employment. To establish a claim of this sort you must show that:
- You are a member of a protected class (i.e., a woman);
- You were subjected to an adverse job action;
- Your employer treated similarly situated male employees more favorably; and
- You were qualified to do the job.
First, racists are usually not dumb enough to leave records of their prejudice. They find some other reason to fire the employee, or keep the family out of the neighborhood. Second, and more importantly, discrimination is often systemic and structural, not individual. Often, not only is there no smoking gun, but there’s often no individual “bad actor.” Even neutral requirements—a high-school diploma for employment, a family-size limit for housing—can have huge de facto discriminatory effects, which may or may not be intentional.1)http://www.thedailybeast.com/articles/2015/06/25/supreme-court-institutional-racism-is-real.html
If you are a member of a protected class, was subjected to adverse job action from Texas Mutual Insurance Company and TMIC treated similarly situated male (white, etc.) employees more favorably and you were qualified for the position in which you applied for or were declined an interview — I’d like to hear from you. So you can send me a private email or tell me about your experience here on the forum.
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