Disparate Impact & Treatment [WLOs: 1, 2] [CLOs: 1, 2]We have learned this week that Title VII prohibits intentional discrimination based on race, color, religion, sex, and...

WRITTEN ASSIGNMENT        2
WRITTEN ASSIGNMENT
Table of contents
Disparate Treatment    3
Disparate Impact    3
Comparison and Contrast    3
Minimizing Disparate Treatment and Disparate Impact Discrimination    4
Examples    5
References    6
Disparate Treatment
    Disparate treatment discrimination occurs when an employer treats an employee differently based on their protected class status, such as race or gender. This is also known as intentional discrimination (Katz, 2021). For example, if a company only hires men for a particular position because they believe that men are better suited for the job than women, this would be an example of disparate treatment discrimination. The key issue in disparate treatment cases is whether the employer's actions were motivated by discriminatory intent. To prove discriminatory intent, an employee must show that they were treated differently because of their protected class status.
Disparate Impact
    Disparate impact discrimination occurs when an employer's policy or practice has a disproportionate effect on a protected group, even though the policy or practice appears to be neutral on its face. Disparate impact can occur regardless of whether the employer intended to discriminate. For example, if a company requires that all job applicants have a college degree, this may disproportionately exclude certain racial or ethnic groups who historically have had less access to higher education. Even though the company did not intend to discriminate, the policy has a disparate impact on certain groups. To prove disparate impact, an employee must show that the policy or practice had a disproportionately negative impact on their protected class.
Comparison and Contrast
    One of the main differences between disparate treatment and disparate impact is the intent of the employer. Disparate treatment requires discriminatory intent, while disparate impact can occur regardless of intent (Carroll & Gonzalez-Mulé, 2021). In addition, disparate treatment usually involves individual acts of discrimination, while disparate impact involves a policy or practice that has a broader impact. Another difference is the burden of proof. In disparate treatment cases, the burden of proof is on the employee to show that the employer intended to discriminate....