Disparate Treatment

Navigating Workplace Discrimination: Understanding Disparate Treatment, Disparate Impact, and More

1. Dissecting Disparate Treatment: A Closer Look

Definition:

• Disparate treatment occurs when an employer treats a specific job applicant or employee differently based on demographics, constituting illegal discrimination. Examples include refusal to hire, promote, or establishing nonpermissible company policies unrelated to Bona Fide Occupational Qualification (BFOQ).

Examples of Disparate Treatment:

• Illustrative instances involve Activision Blizzard’s settlement for sexual harassment, where affected women lost jobs, and Glow Networks, Inc., facing a $70 million payout for racial discrimination against Black employees.

2. Decoding Disparate Impact: Unintended Consequences

Definition:

• Disparate impact arises when seemingly neutral practices disproportionately affect a protected group. Unlike disparate treatment, it is unintentional discrimination. Examples encompass testing, physical requirements, interview impressions, job performance, and degree requirements.

Historical Context:

• Originating in the 1965 case Griggs v. Duke Power Co., Title VII prohibits discriminatory rules or policies. The government continues enforcing laws to prevent unintended negative impacts on protected classes.

3. Differential Treatment: Discrimination Based on Unalterable Traits

Definition:

• Differential treatment involves an employer treating groups differently based on characteristics individuals can’t change, leading to unlawful discrimination. Examples include race-based hiring or age-based promotions.

4. Disparate Treatment vs. Disparate Impact: Distinguishing Dimensions

Main Distinction:

• Disparate treatment involves intentional discrimination, while disparate impact results from unintentional consequences of policies or procedures. Examples elucidate the contrast, highlighting scenarios where either form of discrimination might manifest.

5. Demystifying Discrimination: A Broad Overview

Definition:

• Discrimination, as per the US Equal Employment Opportunity Commission, involves treating someone less favorably due to race, color, religion, sex, disability, age, national origin, or genetic information. It encompasses overt discrimination, exemplified by lending practices, and landmark cases such as Price Waterhouse v. Hopkins.

6. Legal Proof of Discrimination: Disparate Treatment and Disparate Impact

Disparate Treatment Proof:

• To prove disparate treatment, an applicant/employee must belong to a protected class, be known as such by the employer at the time, face negative action, and demonstrate preferential treatment toward those not in the protected class.

Disparate Impact Proof:

• Proving disparate impact involves showcasing that a specific employment practice caused worse treatment for the protected class, lacks a legitimate business purpose, and alternative non-discriminatory methods can achieve the same goal.

7. Understanding Protected Classes: Legal Safeguards

Definition:

• Protected classes, safeguarded by laws like Title VII and others, include race, color, national origin, religion, sex, gender, sexual orientation, age, military service, pregnancy, disability, and genetic information. State and local laws may expand protection to other traits.

Conclusion: Upholding Equality in the Workplace

In the intricate landscape of workplace discrimination, understanding disparate treatment, disparate impact, and other facets is crucial for creating equitable and inclusive work environments. Legal safeguards exist to ensure fair treatment, emphasizing the importance of aligning policies with anti-discrimination laws.