What Is Disparate Treatment?
Disparate treatment is a type of discrimination where an individual or group is treated less favorably because of a protected characteristic. These characteristics are safeguarded under federal law and include:
- Race
- Gender
- Age
- Religion
- Nationality
- Disability
In employment, disparate treatment occurs when someone is intentionally singled out based on these traits rather than job performance, skills, or qualifications.
Example: An employer refuses to hire someone because of their gender or denies a promotion due to the employee’s age. These actions demonstrate intentional discrimination.
Disparate Treatment vs. Disparate Impact
While often mentioned together, disparate treatment and disparate impact differ in intention and application:
Disparate Treatment
- Definition: Intentional discrimination against an individual or group based on protected characteristics.
- Focus: The employer or decision-maker deliberately makes a discriminatory choice.
- Example: A company refuses to hire women for a certain role simply because of gender.
Disparate Impact
- Definition:Policies or practices that appear neutral but disproportionately affect a protected group.
- Focus: The effect of the policy, not the intention behind it.
- Example: Requiring all job applicants to pass a physical test that unintentionally excludes older candidates or women.
Example of Disparate Treatment
Consider a company hiring for a managerial position:
- Candidate 1: A 45-year-old man with extensive experience
- Candidate 2: A 28-year-old woman with identical qualifications
During the interview, the hiring manager says the younger woman is considered “too young” and lacks the life experience for the role. Despite having the same skills as the older man, she is passed over for the job.
In this scenario:
- The woman was treated less favorably because of age and gender
- The decision was intentional, based on assumptions, not abilities.
This is a clear case of disparate treatment, the employer deliberately discriminated against a candidate based on protected characteristics.