What does "disparate treatment" refer to in employment discrimination cases?

Disparate treatment in employment discrimination cases specifically refers to intentional discrimination where an employer treats an individual or a group of individuals differently based on a protected characteristic, such as race, gender, religion, or national origin. This concept is rooted in the idea that individuals in the same situation should be treated equally, and when someone is treated less favorably due to one of these characteristics, it constitutes disparate treatment.

The legal framework surrounding disparate treatment often requires the affected individual to demonstrate that they were treated differently from others in similar situations because of their membership in a protected class. Proving disparate treatment involves showing evidence of intent, which distinguishes it from other forms of discrimination, such as disparate impact that may occur through neutral policies. Understanding this principle is essential in discrimination cases, as it addresses the underlying intent behind the employer's actions, which significantly impacts the outcome of legal claims.