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Simple English definitions for legal terms
disparate treatment
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A quick definition of disparate treatment:
Disparate treatment is when someone is treated differently because of who they are. This can happen if someone is part of a group that is protected by the law, like because of their race, religion, or gender. It's not fair to treat someone differently just because of who they are, and it's against the law. To prove that someone was treated unfairly, they have to show that other people who were similar to them were treated better.
A more thorough explanation:
Disparate treatment is when an employer treats individuals who belong to a protected class differently than others. Protected classes include race, color, religion, sex, and national origin. This type of discrimination is intentional and violates anti-discrimination laws.
- An employer only hires men for a particular job, even though women are equally qualified.
- An employer pays Hispanic employees less than non-Hispanic employees for the same job.
- An employer promotes only employees who share the same religion as the employer, even though other employees are more qualified.
These examples illustrate how individuals who belong to a protected class are treated differently than others by their employer. In each case, the employer is intentionally discriminating against the employee based on their protected status.