Disparate treatment and disparate impact are similar doctrines that occur in employment settings as a result of an employer’s intent and behavior. These two concepts can sometimes be difficult to distinguish, even for legal professionals. This article aims to clarify the differences between disparate treatment and disparate impact to help readers understand their meanings.
Disparate Treatment
Disparate treatment, also known as differential treatment, occurs when an employee claims that they have been treated in a discriminatory manner by their employer. In order for an action to be considered disparate treatment, it must be demonstrated that the employer’s action was based on some protected characteristic of the employee, such as their age, sex, or race. The victim must be able to prove that they have been treated less favorably by the employer due to their characteristic feature.
In a disparate treatment situation, the employer acts or behaves deliberately and is fully aware of their actions. However, disparate treatment is only brought to light when an employee or group of employees feels that they have been discriminated against. Disparate treatment is said to have occurred when an employee claims that they have been treated less favorably than others in the same situation.
Disparate Impact
Disparate impact refers to employment practices that have a negative effect on one specific employee or a group of employees. This includes hiring and firing practices in which an employer screens out potential employees based on their sex or race while selecting candidates for positions within their business or company. In cases of disparate impact, the focus is not on the discriminatory intent, but on the consequences or repercussions for the victims of such actions or behaviors. Employment practices that initially appear neutral but, upon closer examination, reveal that they have caused injustice to a group of prospective employees fall into the category of disparate impact.
Key Takeaways
- Disparate treatment, also known as differential treatment, requires proof of discrimination and occurs when an employee claims that they have been treated in a discriminatory manner by their employer due to a protected characteristic.
- Disparate impact refers to employment practices that have a negative effect on one specific employee or a group of employees, often due to seemingly neutral practices that ultimately cause injustice.
- In cases of disparate treatment, intent or discriminatory behavior must be present, while in cases of disparate impact, only proof that an employment practice causes injustice to a group of employees is necessary.
