Factors of Disparate Treatment in Employment Law.

There are four situational factors that courts frequently require to initially establish a charge of disparate treatment. Analyze each factor and discuss why you think each one is individually important. Explain why the courts usually require that all four factors be present in a charge of disparate treatment.

The four factors are
1. The person belongs to a protected class
2. The person applied for and was qualified for, a job the employer was trying to fill.
3. The person was rejected despite being qualified
4. The position remained open and the employer continued to seek applicants as qualified as the person rejected.


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