What type of discrimination is termed 'Disparate Treatment'?

Disparate treatment refers to a form of discrimination where individuals are treated unequally specifically because of their protected characteristics, such as race, color, religion, sex, national origin, age, disability, or genetic information. This is important in understanding workplace equality and ensuring that all individuals receive fair treatment regardless of these inherent traits.

In cases of disparate treatment, the focus is on intentional discrimination; for instance, if an employer chooses to promote or hire someone based solely on their protected characteristic rather than their qualifications or performance, then that constitutes disparate treatment. This concept is significant in legal frameworks, especially in employment law, as it sets the stage for claims and discussions around fairness and equity in various contexts.

The emphasis on unequal treatment highlights that it is not just about different standards being applied but that the cause of the disparity is the protected characteristic itself. In contrast, treatment based on disability, performance, or tenure does not directly pertain to the core definition of disparate treatment as these factors are typically regarded within different parameters of evaluation and fairness in various settings.