Disparate treatment means treating individuals differently in employment situations because of their membership in a protected class. In disparate treatment cases, an individual is treated differently because of the characteristic that defines the protected class. Anti-discrimination law protects the right of people to be treated equally. The primary objective of antidiscrimination legislation is to ensure that individuals are given equal opportunity in the workplace.
A protected class is a group of people with a common characteristic who are legally protected from employment discrimination on the basis of that characteristic. These traits are called “protected characteristics” and referred to as “protected classes.” Federal protected classes include: Race, Color, Religion, National origin, Sex, Age, Physical or mental disability, Veteran status, Genetic information, and Citizenship.
Disparate treatment means that the employer intentionally discriminated against a person or persons because of the characteristic. Not hiring a qualified woman simply because she is a female would be obvious and intentional discrimination. Disparate treatment also means that the company intentionally discriminated against a person or persons because of the characteristic, and a BFOQ for that characteristic does not exist.
