What is disparate treatment discrimination?

Disparate treatment discrimination occurs when an employer treats an employee or job applicant unfairly based on race, color, sex, national origin, religion, etc. This form of discrimination is overt and often easier to recognize, yet challenging to prove without substantial evidence.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. Disparate treatment discrimination vs disparate impact

3. How do workers establish discriminatory practices based on disparate treatment?

4. An opportunity for a response from the employer

Introduction

Numerous regulations and laws, whether at the local, state, or federal level, forbid discrimination at workplaces in its different forms. The federal ADEA (Age Discrimination in Employment Act), which shields older staff members from age-associated prejudice, and the ADA (Americans with Disabilities Act), which shields disabled employees from discrimination, are only two of these numerous statutes.

The 1964 Civil Rights Act’s Title VII, however, is among the most significant anti-discrimination legislation still in effect today. Including sexual orientation, gender identity, and pregnancy, this groundbreaking federal law forbids discrimination in the workplace on the grounds of color, religion, race, sex, and national origin.

Disparate treatment discrimination vs disparate impact

Under these several anti-discrimination statutes, there are many different ways that charges of employment discrimination might manifest themselves, but 2 of the more prevalent ways are “disparate impact” & “disparate treatment” discrimination.

As the term implies, disparate impact bias frequently happens when an apparently neutral workplace policy accidentally but unfairly affects people who are protected. One frequently cited example is the height requirement in the workplace, which could have different effects on women.

Then, what does discrimination based on disparate treatment mean? Disparate treatment discrimination, to put it simply, occurs when a company treats a prospective worker or employee unfairly due to the individual’s color, race, sex, national origin, religion, etc. This type of discrimination is usually the most visible since it is so overt. Despite the fact that this definition might seem simple, it can be challenging for workers to prove, and employers may have a number of arguments at their disposal.

How do workers establish discriminatory practices based on disparate treatment?

The initial step in addressing job discrimination usually involves the employee establishing a preliminary case claiming they are the target of illegal discrimination. All this means is that the company will have an opportunity to dispute the claim, but in the meantime, the worker has sufficient evidence to support it.

A prospective employee may, for instance, be able to demonstrate the following in an effort to build an initial basis of racial discrimination if they feel that a possible company is prejudiced against them due to their race:

The candidate belongs to a class that is protected.
The candidate had the qualifications for the position and had submitted an application.
Despite their skills and experience, the employer declined to hire them for the position.
Despite the applicant’s allegations of discrimination, the company maintained the position open and pursued other candidates with comparable abilities.

However, bear in mind that depending on the circumstance and state, various factors may be necessary to establish a preliminary discrimination case.

An opportunity for a response from the employer

Companies have the opportunity to refute claims of discrimination if the worker or applicant is able to establish their prima facie claim. What’s more, companies don’t have to refute every allegation made by the worker. Instead, all that is required of them is the identification of a “valid, nondiscriminatory cause” for their actions.

For instance, if a worker complains that they were let go because of their race, the company can respond that layoffs were a consequence of difficult economic circumstances or that the worker was dismissed due to organizational reorganization. In a similar vein, the employer may contend that the worker was let go due to subpar work output or other problems with behavior at work.

In the event that the company can provide a valid, nondiscriminatory explanation for the termination, the onus then returns to the worker to demonstrate that the explanation is only a front for discrimination. Red flags may be raised if the employer’s justifications are inconsistent. They cannot defend applying the regulations differently to different employees or offer various accounts of the decision.

A discrimination claim for disparate treatment can be established with clarity if the proper paperwork is provided by both parties. This can help an employee who has experienced prejudice at work receive justice or exonerate the employer.

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