disparate treatment

Definition

Intentionally treating someone differently because of their protected characteristics like race, gender, or age. Unlike adverse impact, this is discrimination on purpose—and it's very illegal.

Example Usage

The manager's email stating 'we need someone younger for this role' was textbook disparate treatment and made the age discrimination case a slam dunk.

Origin

Legal doctrine established in employment discrimination case law, particularly McDonnell Douglas Corp. v. Green (1973)

Fun Fact

Disparate treatment is usually proven through direct evidence (like discriminatory statements) or indirect evidence following the McDonnell Douglas framework of shifting burdens of proof.

Source: Employment discrimination law and EEOC guidelines

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