Kathy worked as a regional sales manager at PharmCo, a pharmaceutical company in Pennsylvania, for over 25 years. At the age of 51, Kathy was denied a promotion because the company decided she was too old for the next-level job position. The new position was later filled by a younger employee whom Kathy had previously supervised. Under the Age Discrimination in Employment Act (ADEA), Kathy should file a(an)
disparate treatment claim against her employer.
intersectional discrimination claim against her employer.
disparate impact claim against her employer.
retaliation claim against her employer for denying her a promotion.

Respuesta :

Under Age Discrimination in Employment Act (ADEA), Kathy should file disparate treatment claim against her employer.

What is disparate treatment?

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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