Disparate treatment is a type of discrimination that takes place when an individual is discriminated against or receives less favorable treatment due to their belonging to a protected class such as race, sex, religion, age, disability, or national origin.
In the context of employment, disparate treatment is when an employer deliberately treats employees differently just because of their membership in a protected class. Such decisions may involve the selection of new employees, promotions, salaries, training opportunities, or disciplinary actions.
As an example, if an employer chooses not to hire an applicant based on his race or religion, this would be an example of disparate treatment. Likewise, if an employee is overlooked for a promotion because of their gender, that would also be regarded as disparate treatment.
Discriminatory treatment is unlawful under the anti-discrimination laws, which include Title VII of the Civil Rights Act of 1964 in the United States. The employers who are found guilty of engaging in disparate treatment may be liable to legal sanctions such as fines and damages. It is vital for employers to have a policy and a procedure that prevents disparate treatment and that all employees are treated fairly and equally irrespective of their protected characteristics.
Disparate Treatment examples
1. Hiring:Â An individual is not hired for a job although they have the same skills and experience as other applicants simply because they are too old. The employer has a young age bias and supposed that it is younger people who will suit the company’s culture the most.
2. Promotion:Â An employee is again overlooked when it comes to promotion chances, even though they have been demonstrating their excellence by achieving better results than their colleagues. The employer tends to favor employees of one race over other employees, even if they are not even qualified for the position at hand.
3. Salary:Â Two candidates, both of whom meet the required qualifications and experience, are hired to fill the same position. Nevertheless, a worker who is male is given a higher starting salary than the female worker, who is female, without any justification based on performance of skills.
4. Discipline:Â A manager is constantly making verbal attacks and punishes those of a certain religion more harshly, while other employees of other religions are not disciplined. This makes it impossible for those employees to feel comfortable and appreciated at work merely because of their religious beliefs.
5. Training Opportunities:Â An employer is providing job training and professional development resources to the employees of one gender, while that employer is not giving those opportunities to the employees of another gender, which is leading to the slow progress of the career of those employees.
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Preventing Disparate Treatment in the Workplace
1. Develop and Communicate Clear Policies:Â Establish comprehensive policies that state directly the fact that discrimination and unequal treatment based on protected characteristics are not acceptable. Confirm that every employee understands and can apply them by including them in the staff handbook or on the company intranet.
2. Provide Diversity and Inclusion Training:Â Schedule frequent training programs for employees and managers to educate them on DEI concepts, unconscious bias, and how to identify and avoid disparate treatment. Training must focus on the critical point of treating all workers impartially and considerately.
3. Implement Fair Hiring and Promotion Practices:Â Regularize recruitment and promotion decisions in a way that promotes impartiality and consistency. Use objective criteria and exclude subjective factors that could add a bias. Make sure that you are posting jobs in a way that is inclusive and reaches out to a diverse group of candidates.
4. Establish Transparent Performance Evaluation Systems:Â Establish measurable performance evaluation parameters and provide constant feedback to the employees. Do not allow personal assessment and make sure that performance evaluation is carried out based on measurable and job-related factors.
5. Promote Diverse Leadership and Decision-Making:Â Call for diversity in leadership positions and decision-making positions. A diverse team of leaders will be able to help promote inclusivity and different points of view in terms of workplace problems.
6. Encourage Reporting and Address Complaints Promptly:Â Develop a protected zone for workers to easily report cases of discrimination or disparate treatment, as well as a supportive environment. Outline confidential reporting systems and make sure individuals who file complaints are treated respectfully and their cases are investigated properly and immediately.
7. Monitor and Analyze Data:Â Constantly audit the workforce data, which involves hiring, promotion, or compensation statistics, and notice if anything looks like unequal treatment or representation. Utilize these findings to direct specific interventions and overcome the systemic challenges that limit equity.
8. Foster Inclusive Workplace Culture:Â Building an environment that is diversity and inclusion-oriented. Promote a culture of open dialogue, respect for differences, and collaboration across the diverse group of workmates.
9. Hold Individuals Accountable:Â Establish clear guidelines and boundaries for managers and employees, and be sure to impose appropriate consequences for unacceptable behaviors. Ensure that there are sanctions for the situations when people are exposed to discriminatory conduct or disparate treatment.
10. Seek External Expertise if Needed:Â Be sure to partner with the DEI experts or the lawyers to evaluate the workplace policies and practices, ensure compliance with anti-discrimination laws, and come up with strategies for stopping disparate treatment.
Disparate Treatment vs. Disparate Impact
 Disparate Treatment: This develops when the individual is treated less favorably because they belong to a protected group such as race, gender, religion, age, disability, or national origin. Unequal treatment is the manifestation of direct discrimination when the person is singled out for adverse treatment exclusively based on their protected characteristic. The illustration of disparate treatment in this context covers hiring decisions based on stereotypes, lack of equal promotion opportunities, or harassment based on protected characteristics.
Disparate Impact:Â Disparate impact, which is also called adverse impact, is a case where a neutral policy or a practice has an unequal effect on members of a protected class, even though the policy or practice appears to be applied to everyone equally. Differently, disparate impact is not subject to proof of intentional discrimination, but it is enough to show that there is a disproportional effect. Unlike the other two, the ethics of care is more concerned with the consequences of the policy or practice on various groups. For instance, selection tests may have unintended consequences and screen out racial or gender groups in disproportionate numbers, height or weight requirements may disadvantage certain individuals, and policies can have a disparate impact on employees with caregiving responsibilities.
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FAQs
By definition, disparate treatment is intentional discrimination. Unintentional discrimination that adversely affects protected classes is described as disparate impact.
Employees should report their concerns to their HR department or file a complaint with the EEOC if they believe they’ve been discriminated against on the basis of a protected characteristic.
Employers should establish anti-discrimination policies, provide diversity and inclusion training, and implement objective hiring and promotion practices to mitigate disparate treatment.
 If disciplinary actions are applied inconsistently and are based on an employee’s inclusion in a protected class, this could constitute disparate treatment.