Disparate Treatment

Disparate Treatment is a type of discrimination that occurs when an employer treats employees differently based on their membership in a protected class. It is a form of intentional discrimination that violates Title VII of the Civil Rights Act and other anti-discrimination laws.

Detailed Disparate Treatment refers to the process that employers use to discriminate against employees or job applicants based on their race, sex, age, religion, national origin or any other protected class. The process involves intentionally treating employees differently based on their membership in a protected class, which can lead to discriminatory practices.

There are two types of Disparate Treatment: Direct and Indirect. In Direct Disparate Treatment, an employer explicitly and intentionally discriminates against a particular employee or group of employees based on their protected class. For example, refusing to hire a woman on the grounds of pregnancy.

Indirect Disparate Treatment, on the other hand, is when an employer’s policy or practice has a disproportionately negative impact on a particular protected class. An example of this is implementing an English-only policy in the workplace, which would have a negative impact on employees who are not fluent in English.

To prove a case of Detailed Disparate Treatment, an employee must show the following four elements:

• That the employee is a member of a protected class.
• That the employee was subjected to an adverse employment action.
• That the employer gave preferential treatment to employees who are not members of the protected class.
• That there was a causal connection between the employee’s membership in the protected class and the adverse employment action.

Detailed Disparate Treatment is a serious issue that should not be tolerated in the workplace. Employers should take proactive steps to prevent and address discriminatory practices by implementing strong non-discrimination policies, clearly communicating expectations to employees and ensuring that all employees are trained on discrimination laws and prevention.