Minneapolis employment law attorney Sara Gullickson McGrane describes an employer’s discriminatory actions by motive.
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An employer’s discriminatory action by motive really talks about, I have a reason that I want to discriminate against you, and for that reason I’m going to discriminate. So that would be a typical disparate treatment claim. So an example would be an employer who thinks that women should not be working away from home when they have children and for that reason would treat women who have children less favorably than they would treat other employees.
We actually had a case where a woman applied for a teaching position, and she was asked by the school board who was interviewing her what she was going to do with her children when they were sick and how could she possibly work when she had sick children. That to me is a classic example of disparate treatment.