Disparate Treatment
The Oxford Companion to the Supreme Court of the United States
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2005
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© The Oxford Companion to the Supreme Court of the United States 2005, originally published by Oxford University Press 2005. (Hide copyright information)
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Disparate Treatment in employment is intentional discrimination on the basis of a protected characteristic. Federal law prohibits disparate treatment because of race, color, religion, sex, national origin, and age, as well as disability in qualified individuals who are disabled. Such discrimination, however, is permitted when an employer acts pursuant to a valid
affirmative action plan or when an employer can demonstrate that religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the business. Disparate treatment may be distinguished from
disparate impact, which occurs when a neutral employment practice has a disproportionate effect on members of a protected class.
See also
Employment Discrimination.
Grant Hayden
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