EMPLOYER DISCRIMINATION; DISCRIMINATION – In General; Elements of Prima Facie Case
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501.01000 – In General; Elements of Prima Facie Case
In order to establish a prima facie violation of the Court Interpreter Act section 71802(c)(3), the charging party must establish that: (1) an independent contractor was afforded lesser duties or more favorable working conditions than an employee interpreter was (or would have been) afforded; and (2) the employer applied the disparate treatment for the purpose of discouraging independent contractors from applying for pro tempore interpreter jobs. With regard to the second element, the charging party must show a substantial disparity in the duties or working conditions between employee interpreters and independent contractors, plus some other factual circumstances that suggest unlawful motive. Such facts may include, but are not limited to, the employer’s departure from established procedures and standards, evidence that the employer actively discouraged interpreters from applying for pro tempore employment, or other facts that might demonstrate the employer’s unlawful motive.