Define and Describe the Difference Between Disparate Treatment and Disparate Impact.
First Response
Disparate treatment refers to a type of unlawful discrimination in United States labor law. In the United States, it involves unequal judgment towards an individual because of their characteristics, for example, race, color, and gender. This violation is made when a person of a protected group is handled less fairly than others in a similar situation based on impermissible criteria. On the other hand, disparate impact refers to a situation where an employer applies unbiased rules and regulations meant to provide equal treatment to individuals but have detrimental effects on some individuals with protected characteristics. Disparate impact is commonly referred to as unintentional discrimination, whereas disparate treatment occurs with discriminatory intent.
Response Two
Besides, disparate treatment can also be referred to as adverse treatment. It is defined otherwise as a claim made by an employee against a firm or an employer declaring that the firm has treated them in an inappropriate way that they felt discriminated against. Disparate treatment can attract serious charges in the court of law besides limiting diversity in an organization, thus affecting its performance. Disparate impact, also known as adverse impact, implies employment discrimination situations arising as part of employment policies and practices affecting a particular minority group of a protected class. In this case, an employee can present evidence in the court of law on how the organization’s neutral policy has negatively affected them.