What is the difference between disparate-treatment and disparate-impact discrimination?

What is the difference between disparate-treatment and disparate-impact discrimination?

• A. Disparate-treatment is intentional, while disparate-impact is unintentional.
• B. Disparate-impact pertains only to public employment.
• C. Disparate-treatment includes all employee groups.
• D. There is no difference; both terms are interchangeable.

Answer: (A)

Disparate-treatment and disparate-impact discrimination represent two different theories of discrimination under employment law. Disparate-treatment discrimination occurs when an individual is treated less favorably than others because of a characteristic such as race, gender, or age, and this form of discrimination is intentional. This means that an employer outright makes a decision based on a discriminatory motive, demonstrating clear intent to treat someone differently. In contrast, disparate-impact discrimination refers to practices that may appear neutral but have a disproportionately adverse effect on a protected group. This type of discrimination is often unintentional; it arises from policies or practices that, while seemingly fair, inadvertently disadvantage a particular group. The distinction is crucial in legal contexts, as disparate-treatment requires proof of intent, whereas disparate-impact focuses on the consequences of a practice regardless of intent. Therefore, understanding that disparate-treatment is deliberate and specific to the actions taken towards individuals based on protected characteristics clarifies the key difference between these two forms of discrimination.

Disparate-treatment and disparate-impact discrimination represent two different theories of discrimination under employment law. Disparate-treatment discrimination occurs when an individual is treated less favorably than others because of a characteristic such as race, gender, or age, and this form of discrimination is intentional. This means that an employer outright makes a decision based on a discriminatory motive, demonstrating clear intent to treat someone differently.

In contrast, disparate-impact discrimination refers to practices that may appear neutral but have a disproportionately adverse effect on a protected group. This type of discrimination is often unintentional; it arises from policies or practices that, while seemingly fair, inadvertently disadvantage a particular group.

The distinction is crucial in legal contexts, as disparate-treatment requires proof of intent, whereas disparate-impact focuses on the consequences of a practice regardless of intent. Therefore, understanding that disparate-treatment is deliberate and specific to the actions taken towards individuals based on protected characteristics clarifies the key difference between these two forms of discrimination.