What is meant by disparate treatment?

Disparate treatment refers specifically to intentional discrimination where an individual is treated differently based on their membership in a protected class, such as race, gender, age, religion, or disability. This concept is central to understanding how discrimination laws apply in the workplace.

When an employer actively decides to treat an individual less favorably or differently because of their characteristics that are protected under equal employment opportunity laws, this constitutes disparate treatment. For example, if a qualified candidate is passed over for a promotion solely due to their race, this reflects an intentional bias that is at the heart of disparate treatment.

The significance of this definition lies in the ability to demonstrate an unlawful motive behind employment decisions, which can lead to claims of discrimination. It is essential for both employees and employers to recognize how behavior and policies can lead to claims of disparate treatment in the workplace.