disparate impact?

After a co-worker quit his job we started dating (we worked together). My boss found out we were dating and fired me. There is no rule discouraging this behavior and other co-workers are dating. Is this legal under Wisconsin law, and how does "disparate impact" fit into this situation?

1 answer  |  asked Jun 6, 2002 01:29 AM [EST]  |  applies to Wisconsin

Answers (1)

Michael Katarincic
Disparate Impact

Disparate impact is a theory of proof for discrimination claims. It applies if your employer has a facially nuetral policy but that policy affects people in a protected class disproportionately than people not in the protected class. This theroy of proof probably will not apply to the situation you describe in your email.

It is impossible to tell if you are being discriminated against from the information you sent. Are you a different race than the other employees that are/were dating? Do you work the same job as these other employees? Are you represnted by a Union? What was the reason given for your termination? Is that reason justified? If you are similarly situated to other employees that are dating, and a member of a protected class of people, and none of the other employees that are dating are members of a protected class, and your employer does not have a bonified reason for terminating you or you have direct evidence that you were terminated b/c of your relationship outside of work, you may have a claim. There are many questions that would need to be answered before it can be determined whether you are the victim of unlawful discrimination.

If you want to discuss this further please feel free to contact me at (414) 278-1237

posted by Michael Katarincic  |  Jun 6, 2002 2:50 PM [EST]

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