Under Age Discrimination in Employment Act (ADEA), Kathy should file disparate treatment claim against her employer.
One type of unlawful discrimination under US labor law is disparate treatment. The term "discrimination" in the United States refers to treatment of a person unfairly because of a protected feature (such as race or gender) under Title VII of the United States Civil Rights Act. In contrast, disparate impact occurs when an employer adopts a neutral rule that appears to treat everyone equally, but has a different negative impact on certain people who have a protected characteristic than on others. When it is established that a member of a protected group was picked out and treated less favorably than other individuals in a similar situation on the basis of an illegal factor under Title VII, a disparate treatment violation has occurred. Whether or not the employer's conduct were driven by discriminatory intent is at issue.
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