What differentiates disparate treatment discrimination from

What differentiates disparate treatment discrimination from disparate impact discrimination?

Solution

Differentiation between \'disparate treatment discrimination\' and \'disparate impact discrimination\' is the literal difference between the key words treatment and impact whereas the other two words disparate and discrimination are common.

In the case of Disparate Treatment Discrimination, it is important to establish that there exist an intention and or motive behind the discrimination/ differently treated. The term is defined underTitle VII of the U.S. Civil Rights Act.Under the law employers are prohibited from treating applicants and or employees differently because of their membership in a protected class.

In contrast to disparate treatment discrimination, the other prohibition and or voilation of the Civil Rights Act and some other acts like Employment Act of 1967 and Fair Housing Act of 1968 defines the term Disparate Impact Discrimination in which on the face of it there is no intention to treat persons differently on the basis of their race, caste or other protected charateristics but in the implementation and or net results shows differently treatment and have adverse impact/implications and or consequences for a person or group of persons on account of their protected characteristics.

To conclude both types of discriminations are prohibited. In one case , there exist an intention or delibrate action whereas in the case of impact differetiation/ discrimination per se all are treated equally, no intention or delibrate action to treat differently but still some class of persons gets adverse/ undersirable and or illegal treatments.