In a disparate-treatment employment discrimination case, what must the plaintiff first establish?

In a disparate-treatment employment discrimination case, the plaintiff must first establish a prima facie case of discrimination. This means providing sufficient initial evidence that suggests they were treated unfairly compared to other employees based on a protected characteristic, such as race, gender, age, or disability.

Establishing a prima facie case generally involves demonstrating that the plaintiff belongs to a protected class, was qualified for the position, experienced an adverse employment action, and that employees outside of their protected class were treated more favorably under similar circumstances. This initial burden of proof sets the stage for the case, allowing the plaintiff to move forward if the evidence is convincing enough.

The other options do not represent the fundamental first step necessary in such cases. While having a legal precedent can support a claim or an emotional distress claim might arise during the proceedings, neither is required simply to establish a case of disparate treatment. Similarly, monetary compensation is a potential outcome rather than a prerequisite for establishing the case itself. The focus is primarily on demonstrating evidence of discrimination as the initial step.