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If you were fired for something others weren’t fired for, or paid less than coworkers doing the same job, and the only real difference is that you’re part of a legally protected group—your employer may have violated the law.

This is called disparate treatment, and it’s one of the clearest—and most provable—forms of workplace discrimination.

At Kaplan Employment Law, we focus on holding employers accountable for unequal treatment. Whether you were terminated or underpaid, we help uncover the truth, expose pretext, and fight for your full legal rights.

Get Started – No fee unless we win.

What Is Disparate Treatment?

Disparate treatment happens when your employer treats you worse than similarly situated coworkers because of a protected characteristic like your:

  • Race
  • Sex or gender
  • Disability
  • Age (40+)
  • National origin
  • Religion
  • Sexual orientation or gender identity

The two strongest types of disparate treatment claims involve:

  1. Being fired for conduct that others outside your protected class weren’t fired for
  2. Being paid less than coworkers outside your protected class doing the same job

These aren’t just unfair workplace practices—they’re illegal.

Were You Fired While Others Kept Their Jobs?

Employers often claim they fired someone for “performance” or a “policy violation.” But if employees outside your protected class did the same thing and weren’t fired, that’s a red flag—and potentially, a strong claim for discrimination.

Examples we’ve seen:

  • A Black employee terminated for being late once, while White coworkers with worse attendance kept their jobs
  • A female worker fired after requesting pregnancy-related leave, while male employees with absences were allowed flexibility
  • A disabled employee fired for taking a medically necessary day off, while non-disabled employees who missed shifts were not disciplined
  • A Hispanic employee fired for violating a minor policy, while others outside that class were given a warning or second chance

We compare disciplinary records, performance files, and HR data to prove your termination wasn’t really about conduct—it was about who you are.

Were Paid Less Than Coworkers Doing the Same Job?

Unequal pay is another common—and legally actionable—form of disparate treatment. If you are doing the same work as others outside your protected class but earning less, that’s wage discrimination.

You may have a claim if:

  • You were offered a lower starting salary than others doing the same job
  • Your raises or bonuses are smaller despite equal or better performance
  • Male colleagues, White employees, or U.S.-born coworkers are earning more for the same duties

We gather pay records, job descriptions, and performance comparisons to show that the difference in pay has nothing to do with merit—and everything to do with bias.

I Needed a Strong Negotiator & I Got One

I searched for an employment lawyer and found Brett Kaplan. I needed a strong negotiator for my severance agreement and felt like I could trust Brett. Brett was able to negotiate a higher severance for me and I couldn't have been more satisfied! The process was easy, smooth, and pain free. If I ever need him again, I'll surely be circling back! Thanks, Brett.

Maya Hicks

How To Prove Disparate Treatment?

At Kaplan Employment Law, we know how to build these cases from the ground up. You don’t need a smoking gun. Most cases are proven with circumstantial evidence—especially comparator evidence.

We collect and analyze:

  • Disciplinary and termination records across employees
  • Payroll and compensation data
  • Performance reviews
  • Witness testimony from coworkers
  • Emails, policies, and internal communications
  • HR inconsistencies and suspicious timing

We show how similarly situated coworkers outside your protected class were treated more favorably and expose the employer’s stated reason as a cover for discrimination.

What Laws Protect You?

Florida employees are protected under:

  • Title VII of the Civil Rights Act
  • The Equal Pay Act
  • The Americans with Disabilities Act (ADA)
  • The Age Discrimination in Employment Act (ADEA)
  • The Florida Civil Rights Act (FCRA)

These laws prohibit employers from using race, sex, disability, national origin, or other protected traits as a basis for termination, pay decisions, or discipline.

Most claims require filing with the EEOC or Florida Commission on Human Relations within 300 days—so don’t wait.

What You Could Recover

If your disparate treatment claim is successful, you may be entitled to:

  • Back pay for lost wages and benefits
  • Front pay if reinstatement isn’t possible
  • Compensatory damages for emotional distress
  • Punitive damages for egregious conduct
  • Attorneys’ fees and costs

We don’t just file claims. We build strong, strategic cases designed to maximize your financial recovery and help you move forward.