Disparate Treatment

Disparate Treatment Definition

Disparate Treatment is a form of discrimination in which individuals are treated less favorably or differently than others because of protected characteristics such as race or gender. It can also be based on age, religion, nationality, disability, or other protected characteristics. When an individual is treated differently by others because they share the same characteristics, it’s called disparate treatment.

For instance, an employer refusing to hire a person because of his race or gender or denying a promotion due to an employee’s age, would be considered disparate treatment.

This concept is often used in the legal context, especially in employment law, to determine whether discrimination occurred. Disparate impact is different from disparate treatment, where policies and practices that seem neutral at first glance have a disproportionately negative effect on a group protected by law.

Difference Between Disparate Treatment and Disparate Impact

The difference between disparate treatment (and disparate impact) lies in the nature and intention of the discrimination.

Definition: Disparate Treatment refers to intentional, discriminatory treatment of an individual or a group based on protected characteristics (such as race or gender, age, or religion).
Focus: It concentrates on the intention behind the actions. An individual or entity deliberately makes a discriminatory decision or acts against someone based on their protected characteristic.
For example, Disparate treatment is when a company does not hire women to fill a certain role because of their gender.

Disparate Impact

Definition: A policy, practice, or rule that appears neutral can have a disproportionately adverse effect on a group protected by law, even when there is no discrimination.
Focus: It is based on the results of actions and not the intention. Even if discrimination was not the intention, if it is the result, then disparate impact could apply.
Example: When a company asks all applicants to pass an unimportant physical fitness test, but this test disproportionately excludes women or older candidates, it may be deemed a disparate impact.

Disparate Treatment Example

Here’s an example of disparate treatment:

Imagine that a company wants to hire a manager. Imagine a company hiring for a managerial position. One candidate is a man aged 45 with extensive experience, and the second is a woman aged 28 with the same qualifications. During an interview, the hiring manager says that the woman is “too young” to handle the responsibilities and that the position would be more suitable for someone who has “more life experience.” The hiring manager believes that the younger candidate is less capable, so despite both candidates being equally competent, the older man gets the job.

In this case, the woman was treated less favorably due to her gender and age. The hiring manager made a decision based on these assumptions, not her qualifications or abilities to perform the job. This is an instance of disparate treatment because the hiring decision was made based on discriminatory factors. It shows an intention to treat candidates differently based on protected characteristics.

Also See: Wage Garnishments