What type of discrimination occurs when an employee is treated differently due to their membership in a protected class?

Disparate treatment occurs when an employee is treated differently specifically because of their membership in a protected class, which includes categories such as race, color, religion, sex, or national origin. This type of discrimination is intentional and is based on the notion that the individual is being singled out for less favorable treatment due to their characteristics or status.

For example, if an employer promotes a less qualified employee over a more qualified employee solely because of the latter's race or gender, it constitutes disparate treatment. This form of discrimination is often proven by showing that similarly situated employees who are not part of the protected class were treated more favorably, highlighting the discriminatory intent behind the employer's actions.

The other types mentioned—disparate impact, adverse action, and systematic discrimination—represent different concepts. Disparate impact refers to policies or practices that, while neutral on the surface, disproportionately affect members of a protected class. Adverse action generally relates to the negative impact on employment for individuals that may not necessarily involve intentional discrimination. Systematic discrimination encompasses broader or institutional practices that create an environment of inequality, rather than the focused, individual discrimination represented by disparate treatment.