Disparate Treatment
What does "Disparate Treatment" mean in law?
Disparate treatment is a theory of intentional discrimination under Title VII in which the plaintiff alleges that the employer treated them less favorably because of a protected characteristic. Under the McDonnell Douglas burden-shifting framework, the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason, after which the plaintiff must demonstrate that the stated reason is pretextual. Disparate treatment differs from disparate impact in that it requires proof of discriminatory intent.
Definition
Disparate treatment is a theory of intentional discrimination under Title VII in which the plaintiff alleges that the employer treated them less favorably because of a protected characteristic. Under the McDonnell Douglas burden-shifting framework, the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason, after which the plaintiff must demonstrate that the stated reason is pretextual. Disparate treatment differs from disparate impact in that it requires proof of discriminatory intent.
Example
When a qualified female applicant is passed over for promotion in favor of a less-qualified male colleague, and the supervisor's emails reveal gender-based animus, the applicant has strong evidence of disparate treatment.