Sometimes employers take actions that do not benefit everyone. When an employee experiences difficulties because of his employer's new system, he might feel that he is discriminated against, when in fact he is not. This situation is called a non-intentional discrimination or a disparate impact.
In this kind of situation, the employee needs to prove several factors before filing a discrimination complaint against his boss.
- The employer's action has a serious impact on a protected group in the company. If an employee has certain racial features, a disability or he belongs to a certain age and gender group, he is included in a protected group.
- The employer's action was not a business necessity. If the action was not a business necessity, it means he intentionally committed it.
- There are other ways to cope with the needs of the company that have lesser impact to the employee concerned. If the employee is able to prove that the employer was unreasonable in taking such actions, he has the right to file a dispute claim against him.
If the employee has successfully proven these things, he may be able to file a discrimination complaint against his boss. He needs to get legal help from an experienced discrimination attorney in Los Angeles to have better chances of winning the lawsuit. If they manage to win the dispute case, the employer will be required to pay for the following:
- Unpaid wages
- Pain and suffering of the discriminatory actions
- Legal fees
This is how to stop disparate impact by an employer. However, there is also a more passive way of dealing with this kind of problem. The employee would just need to come up to his boss and tell him the difficulties he is experiencing. If the employer really did not intend to discriminate against him, he would apologize and try to modify the system that would fit the employee's concerns. But if he refuses, then maybe he was intentionally doing it after all. That is when the dispute case enters the scene. It is much simpler and easier.
Employees should understand that their employers are having a hard time running their companies and making sure that they operate well. Because of this, they may sometimes commit mistakes that would affect their employees. If these kinds of situations happen, employees should become courteous enough to directly ask their employer. If their employer does not comply with their requests, they can get a Los Angeles employment attorney to file charges against their boss.