How is "disparate treatment" defined in employment discrimination cases?

Disparate treatment is defined as the intentional discrimination against an individual based on a protected characteristic, such as race, gender, age, religion, or disability. In employment discrimination cases, this term is used to describe a scenario where an employer treats an employee or job applicant less favorably than others on the basis of these characteristics. This form of discrimination requires evidence that the employer's actions were not just biased but intentional, showing a conscious choice to differentiate treatment based on these protected traits.

Understanding this definition is essential for recognizing how the legal framework addresses and categorizes discrimination in the workplace. Disparate treatment stands in contrast to disparate impact, which refers to practices that may seem neutral but disproportionately affect a protected group. Therefore, it is crucial to distinguish between intentional actions that lead to discrimination and those that arise from unintentional biases. In summary, the focus of disparate treatment is on deliberate actions and decisions that negatively impact an individual based on their protected characteristics.