The term “disparate treatment” is one of the most important legal concepts for business professionals to understand. By definition, disparate treatment refers to an action that has been taken against an individual of a particular race, sex, color, religion, or some other legally protected factor – or could be regarded as taken against a person on the basis of one of these factors. Simply put, disparate treatment involves treating people differently on the basis of protected traits.
Disparate treatment can take many forms, including making decisions on hiring, firing, pay or promotions based on a person’s protected status. But it can also take subtler forms, such as making decisions that have an adverse effect on a protected group, or encouraging an environment of prejudice or bias that has real-life consequences.
In the workplace, examples of disparate treatment might involve a manager selecting only candidates of one gender for a job interview, or paying employees different wages based on their background. In a housing context, disparate treatment might mean refusing to rent to someone based on a disability or another protected characteristic. It can even extend to refusing service in a restaurant if someone refuses to disclose their religious beliefs or sexual orientation.
In all of these cases, the key element to consider is whether the discriminatory action was intentional or not – intentionally discriminating against someone based on a protected characteristic is illegal, while an action that has a disparate impact on a protected group, even if unintentional, can still be illegal. In either case, employers, landlords, and service providers all bear the responsibility of being aware of their own potential for discriminatory behavior and taking steps to ensure it does not take place.
Fighting Back Against Disparate Treatment
If someone believes they have been a victim of disparate treatment, they can report the incident to their employer or local government authorities. This will trigger an investigation into the incident, and the accused party may be found guilty of unfair discrimination. Depending on the severity of the discriminatory action, the penalties can be significant – ranging from fines or suspensions all the way to criminal charges.
Ultimately, it is critical for business professionals to understand the concept of disparate treatment and to be aware of their own potential for discrimination. Taking steps to create an inclusive workplace, such as providing training on diversity and inclusion, can help to mitigate any unintentional biases and create an environment where everyone is treated with respect.