Definitions for "Disparate Treatment"
"Disparate treatment" exists when an employer intentionally treats some individuals differently or less favorably than others AND the different treatment occurs because of the individual's "protected status" (e.g. race, sex, disability, etc.). Disparate treatment alleges intentional discrimination, i.e. that the decision-maker's actions were motivated or influenced by bias because of race, sex, disability, etc.
Occurs when protected group members are treated differently than other employees.
Employment practices, such as the use of tests or educational requirements, which are fair and neutral on their face, but which are applied or administered in an unfair manner. Al lowing whites or males to be hired with less than an official passing test score or required degree, but not making similar waivers for minorities or women, for example, would constitute unlawful disparate treatment, whether or not done with an intention to discriminate. Even if administered fairly, without disparate treatment, the same practices could have unlawfully disparate effect.