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Making Women Prove More Is Discrimination, Not An Excuse

Published By | Jun 9, 2022 | Employment Discrimination, Employment Law, Equal Pay Act Claims, Gender Discrimination |

What does disparate treatment mean?

Disparate treatment means: “The practice, esp. in employment, of intentionally dealing with persons differently because of their race, sex, national origin, age, or disability.” Black’s Law Dictionary (11th ed. 2019). (Best Law Read: What Is Disparate Treatment?). In International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977), the Supreme Court of the United States held: “ Undoubtedly disparate treatment was the most obvious evil Congress had in mind when it enacted Title VII.” When Title VII of the Civil Rights Act of 1964 was up for a vote on the floor of the Senate, Sen. Huber Humphrey (D-MN) proclaimed: “What the bill does . . . is simply to make it an illegal practice to use race as a factor in denying employment. It provides that men and women shall be employed on the basis of their qualifications, not as Catholic citizens, not as Protestant citizens, not as Jewish citizens, not as colored citizens, but as citizens of the United States.” In addition to Title VII, both the Americans with Disabilities Act (“ADA”) and the Age Discrimination in Employment Act of 1967 (“ADEA”) incorporated the concept of disparate treatment.

What is an example of disparate treatment?

Best Employment Discrimination Lawyer Answer: A recent lawsuit filed by Dr. Deborah Keller against New York-Presbyterian/Columbia University Irving Medical Center provides examples of disparate treatment. In her complaint, Dr. Keller asserts that male doctors are routinely treated with more respect, not publicly reprimanded for asking questions, and paid more. The gender/sex discrimination further provides that women doctors were forced to do more administrative (i.e. secretarial) duties than male doctors. Unlike men, female doctors were subjected to their boss’s comments about dress and appearance. When two new male attending physicians were hired, Dr. Keller’s boss kicked her out of her office to provide space for the men. The complaint says that Dr. Keller received less support in getting a research grant than male surgeons. According to the Complaint, despite other male doctors participating and having the patient’s permission, Dr. Keller was the only doctor suspended for taking an education photograph of a foreign object removed from a patient’s rectum. (Best Law Read: Can Unequal Progressive Discipline Prove Discrimination?).

A study by the University of Michigan reported that almost 70 percent of women doctors faced gender bias or gender-based obstacles in their education and workplace. Unfortunately, there is this horrible old-school mentality that women must show that they are tough enough to belong or that different races have to show that they are smart enough; and the only way for them to establish that is to hold them to a higher standard and put them through the grind.

However, this is exactly what Title VII and other employment discrimination laws are designed to protect. There should be one bar. There should be the same set of hurdles and tests. If a white male is deemed sufficient for meeting those standards, then so should every other protected class of workers.

What can I do about gender discrimination at work?

Best Gender Discrimination Law Firm Answer: If you feel that you are being discriminated against or treated differently based on your gender or sex, then call the right attorney. It is never right to hold female employees to a higher standard or make women prove themselves more at work. Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied a promotion, and denied wages or not receiving equal pay. When you call the right attorney to schedule a free and confidential consultation, you will meet with an attorney from Spitz, The Employee’s Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims. (Read: What is the Spitz No Fee Guarantee?)  The best way to address gender discrimination and a sexist boss or manager is not to wait. Call our top attorneys in Cleveland, Cincinnati, Columbus, Toledo, and Detriot.


The gender discrimination materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to gender discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney

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