What is the Difference Between Disparate Treatment and Disparate Impact?

The difference between disparate treatment and disparate impact lies in the intent behind the discriminatory practices.

• Disparate Treatment: This refers to intentional discrimination, where an employer or organization intentionally treats an individual or group differently based on their protected characteristics, such as race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, military status, or pregnancy. An example of disparate treatment would be providing higher pay to men than women for performing the same job.
• Disparate Impact: This refers to unintentional discrimination, where policies, practices, or procedures that appear neutral have a disproportionate impact on a protected group. This can occur even when there is no intent to discriminate. An example of disparate impact would be hiring more men than women as construction workers as a result of physical height or strength requirements, which may inadvertently disadvantage women.

Both disparate treatment and disparate impact are prohibited by federal laws, such as Title VII of the Civil Rights Act of 1964, which covers both intentional and unintentional discrimination.

Comparative Table: Disparate Treatment vs Disparate Impact

Here is a table comparing the differences between Disparate Treatment and Disparate Impact:

Disparate Treatment refers to intentional discrimination where people in a protected class are deliberately treated differently, while Disparate Impact refers to unintentional discrimination where employment practices that are neutral on their face have a disproportionate impact on a protected group. Both types of discrimination are prohibited under employment laws, such as Title VII of the Civil Rights Act.