What are the two main types of discrimination recognized under EEO?

The recognition of disparate treatment and disparate impact as the two main types of discrimination under Equal Employment Opportunity (EEO) is foundational to understanding how discrimination can manifest in the workplace.

Disparate treatment refers to a scenario where an individual is treated differently based on a protected characteristic, such as race, gender, or age. In these cases, the discriminatory behavior is intentional and often stems from prejudice or bias. For example, if an employer explicitly refuses to promote someone because of their race, that is a clear instance of disparate treatment.

On the other hand, disparate impact occurs when a seemingly neutral policy or practice disproportionately affects individuals within a protected class, even if there is no intent to discriminate. This means that the policy might be legitimate on the surface but leads to a negative discriminatory effect. For instance, if a company has a hiring test that inadvertently disadvantages women or minorities and results in fewer of these individuals being hired, this is considered disparate impact.

Recognizing these two types of discrimination helps organizations create fair practices and ensure compliance with EEO laws, aiming to eliminate bias and promote equality in the workplace. Understanding this distinction is critical for both employers and employees in recognizing and addressing discrimination effectively.