What is disparate treatment vs. disparate impact? Disparate treatment and disparate impact represent two forms of discrimination. Disparate treatment involves intentionally discriminatory actions; disparate impact involves unintentional forms of discrimination.
You can learn more about these serious issues with a Boston employment discrimination lawyer from our team at Duddy, Goodwin & Pollard. You can call or complete our online contact form to learn more.
What Is Disparate Treatment?
Disparate treatment represents one form of discrimination forbidden under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination based on:
- National origin
- Race
- Religion
- Sex
- Color
Disparate treatment involves intentional acts that involve discrimination. For example, disparate treatment occurs if your organization sets up procedures or policies that intentionally single out individuals in a protected group for unfair treatment.
Disparate treatment is a very common form of discrimination.
What’s an Example of Disparate Treatment?
A business may engage in disparate treatment if they require all female employees to perform an extra test when they apply without requiring the same assessment from potential male employees.
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What Is Disparate Impact?
Disparate impact involves unintentional acts of discrimination in the workplace. This form of discrimination occurs when businesses use the same procedures for everyone, but these procedures negatively impact people in a protected class disproportionately.
Unlike disparate treatment, disparate impact is not automatically illegal. Some businesses have legitimate reasons for the procedures they initiate.
What’s an Example of Disparate Impact?
For example, a warehouse may require prospective employees to pass a physical fitness test that requires them to lift a specific weight. This test may prevent women from getting the job. However, the position requires this ability, so the company has not broken any laws.
What Are the Penalties for Disparate Treatment vs. Disparate Impact?
The penalties faced by companies that engage in discriminatory practices can vary. Remedies for employment discrimination may involve:
- Placement back in a lost job
- Back pay or benefits that you should have received
- Payment for fees associated with an employee’s court case
The Equal Employment Opportunity Commission (EEOC) may also order your employer to cease discriminatory practices, including either disparate treatment or disparate impact.
Can Employees Receive Financial Compensation for Disparate Treatment or Impact?
Legally, you may receive compensatory damages in cases involving some types of discrimination, specifically discrimination for:
- Sex
- National origin
- Race or color
- Disability
- Religion
- Genetic information
Generally, financial compensation is available for intentional acts of discrimination, like disparate treatment. Notably malicious acts of discrimination may result in punitive damages or extra payment to punish the employer.
What Are Liquidated Damages?
Some employees can receive liquidated damages instead of punitive or compensatory damages. This type of compensation is available in cases that involve sex-based wage discrimination or age discrimination.
These damages cover the back pay an employee should have received. Our team can tell you more about these forms of compensation.
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How do You Handle Disparate Treatment vs. Disparate Impact?
You should report suspected instances of disparate treatment or disparate impact. You may report the discrimination to the EEOC or the Massachusetts Commission Against Discrimination (MCAD).
The professionals also recommend contacting a lawyer for help building a claim. Attorneys can review actions taken by your employer and determine if they engaged in either disparate treatment or established procedures resulting in disparate impact.
Lawyers can answer any questions you have and determine if you have a valid claim for employment discrimination. They can also collect evidence and guide you through the legal process.
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How do You Prove Disparate Treatment or Disparate Impact?
You must prove that you experience illegal discrimination if you want to build a case involving disparate treatment or disparate impact. Proving disparate treatment often involves showing that:
- You belong to a protected class, and your employer knew of your protected status
- Your employer took an action that harmed you
- Other employees (not in your protected class) received better treatment
Your employer will get a chance to demonstrate a non-discriminatory reason for the harmful action.
In order to prove a disparate impact claim, you may need to show that an employment practice adversely impacted people in your protected class without a legitimate business reason.
Generally, employees have a more difficult time proving disparate impact, because employers may engage in this practice legally in some situations. An attorney can help you navigate this complicated area of the law.
Learn More About Disparate Treatment and Disparate Impact
What is disparate treatment vs disparate impact? Disparate treatment is a direct form of discrimination in the workplace, while disparate impact involves the unintentionally discriminatory effects of workplace procedures or rules.
You can learn more about these issues with our team at Duddy, Goodwin & Pollard. Call or fill out our online contact form to discuss your legal situation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form