What is the difference between disparate treatment and disparate impact quizlet?

Title VI of the Civil Rights Act of 1964 prohibits employers from discriminating based on race, color, religion, sex or national origin. This includes disparate treatment and disparate impact.

The difference between disparate impact and disparate treatment is that disparate treatment is intentional discrimination, while disparate impact is unintentional.

If your organization’s policies, practices or procedures are unbiased but end in a disproportionate impact on protected groups – race, color, religion, sex or national origin – this would be disparate impact.

On the other hand, if your organization’s policies, practices or procedures are set up to intentionally eliminate a protected group based on race, color, religion, sex or national origin, this would be disparate treatment. You cannot intentionally single out or treat an individual in a protected group less favorably.

Examples of Disparate Treatment and Disparate Impact

Example 1: Disparate Treatment

• If only African American applicants are required to take a pre-employment assessment test.

Disparate Impact

• If you test all applicants and only African Americans are eliminated based on the results of the assessment.

Example 2: Disparate Treatment

• During the annual re-screen of all of your employees, you re-screen all of your female employees and only half of your male employees.

Disparate Impact

• During your annual re-screen, the results from the background check showed only female employees had new criminal record convictions that would affect their current role or position within the organization.

Class-Action Lawsuits

All applicants have the right to claim their employer discriminated against them during the hiring process, but they have to show if the discrimination was intentional.

For an applicant to say they were a victim of intentional discrimination – disparate treatment – he or she has to show they were treated unfairly based on race, color, religion, sex or national origin. If the applicant can’t show there was intent, it would be disparate impact.

Allocation of proof
- Prima facie case The plaintiff must prove, generally through statistical comparisons, that the challenged practice or selection device has a substantial adverse impact on a protected group.

- Business necessity If the plaintiff establishes disparate impact, the employer must prove that the challenged practice is "job-related for the position in question and consistent with business necessity."

- Alternative practice with lesser impact Even if the employer proves business necessity, the plaintiff may still prevail by showing that the employer has refused to adopt an alternative employment practice which would satisfy the employer's legitimate interests without having a disparate impact on a protected class.

Which statement best describes the difference between a disparate treatment and a disparate impact Title VII lawsuit?

1) A disparate treatment case involves racial discrimination, while a disparate impact case involves discrimination based on religion, gender, or national origin.
2) A disparate treatment case involves a policy or practice that is facially neutral, but has a disproportionate effect on individuals in a protected class. In contrast, a disparate impact case involves an allegation of direct, intentional discrimination based on an individual's membership in a protected class.
3) A disparate treatment case involves discrimination against a class of people, whereas a disparate impact case involves discrimination against an individual.
4) A disparate treatment case can only be brought as a class action lawsuit, whereas a disparate impact case must be brought by an individual plaintiff.
5) A disparate treatment case involves an allegation of direct, intentional discrimination based on an individual's membership in a protected class. In contrast, a disparate impact case involves a policy or practice that is facially neutral, but has a disproportionate impact on individuals in a protected class.

Sets with similar terms

P. 187, Q. 2
An employer must make it clear to all employees that sexual harassment will not be tolerated; such a clear expression of the prohibition of such conduct can work to dispel any claim that the harassing supervisor was acting as an agent of the employer. Adopting a clear policy against sexual harassment also prevents any claim that the employer tolerated such behavior. Providing a process that allows the employee to file a complaint. The employer must act promptly and effectively to investigate and remedy any claims of sexual harassment.

Video 50
Does it matter that a parent literally had nothing to do with a biological child in order for the child to take advantage of the FMLA to care for that parent?

If the parent is a biological or an adoptive parent the answer is "No." Anything else would be too difficult to police.

Does the size of the business have any effect on whether Tony is eligible for family leave under the FMLA?

Yes. The FMLA applies to all:
public agencies, including local, State, and Federal employers, and local education agencies (schools); and private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year .

Can Herman imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns?

The answer is no—for most employees. This is exactly the type of behavior that the act is designed to prevent. An important exception to the FMLA, however, allows the employer to avoid reinstatement of a key employee—defined as an employee whose pay falls within the top 10 percent of the firm's work force. If Tony qualifies as a key employee, then Herman may be within his legal rights by denying reinstatement to Tony when he returns.
Who is covered by the Family and Medical Leave Act (FMLA) of 1993? To what extent can an employer make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act?

Basically, the FMLA defines who is eligible under the act and under what circumstances employees may take a leave of absence for family or medical purposes. Normally, it is not up to the employer to make this decision. The employer can attempt to make a reasonable determination about the veracity of an employee's reasons for taking a leave of absence under the act. The employer cannot, however, resort to coercive tactics, such as threats about the employee losing his or her job, to prevent the employee from taking the leave.

What is the difference between disparate treatment and disparate impact?

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