Define: Disparate Treatment

Disparate treatment is a form of discrimination where an individual or group is treated differently based on their protected characteristic, such as race, gender, or religion.

Disparate treatment involves intentional discrimination, while disparate impact involves policies or practices that have a disproportionate impact on a protected group, even if there was no intent to discriminate.

Examples of disparate treatment include an employer refusing to hire someone because of their race, gender, or religion, or an employee being paid less than their colleagues for the same work based on their protected characteristic.

Yes, disparate treatment is illegal under federal and state anti-discrimination laws.

You should report the discrimination to your employer’s HR department or file a complaint with the Equal Employment Opportunity Commission (EEOC).

Yes, an employer can defend against a disparate treatment claim by showing that the differential treatment was based on a legitimate, non-discriminatory reason.

If you win a disparate treatment lawsuit, you may be entitled to back pay, front pay, compensatory damages, and punitive damages.

Yes, an employer can be held liable for the actions of its employees if the discrimination occurred within the scope of their employment.

The deadline for filing a disparate treatment claim with the EEOC is typically 180 days from the date of the discriminatory act, but it can be extended to 300 days in some cases.

No, it is illegal for an employer to retaliate against an employee for reporting discrimination or participating in an investigation of discrimination.