Disparate treatment is intentional employment discrimination based on a protected trait.
Why disparate treatment matters
Disparate treatment matters because it focuses on unequal treatment because of legally protected characteristics. The issue may arise in hiring, firing, promotion, discipline, pay, scheduling, assignments, or workplace opportunities.
The claim often turns on evidence of motive, comparison to similarly situated workers, explanations offered by the employer, and whether those explanations are pretextual.
Where disparate treatment appears
Disparate treatment appears in discrimination charges, EEOC matters, employment lawsuits, internal investigations, summary-judgment motions, and workplace policy reviews.
Practical example
Two employees commit similar rule violations, but only the employee in a protected class is fired while others receive warnings. Disparate treatment may be alleged if the difference was because of a protected trait.
How disparate treatment differs from nearby terms
Disparate treatment differs from disparate impact because disparate treatment focuses on intentional unequal treatment. Disparate impact focuses on a neutral policy that disproportionately harms a protected group.
Related terms
Quick knowledge check
What makes disparate treatment different from a neutral policy that affects groups differently?