Disparate treatment, also known as intentional discrimination, is a type of employment discrimination that occurs when an employer treats an employee or group of employees differently based on their protected characteristics. This can include race, gender, age, religion, national origin, disability, and more.

Examples include biased hiring practices, unequal pay for equal work, or imposing stricter disciplinary actions on certain employees due to their protected status. Unlike disparate impact, which refers to policies that unintentionally discriminate, disparate treatment involves direct and intentional actions. 

How Does Disparate Treatment Occur?

Disparate treatment can occur in various ways and at different stages of the employment process. It can happen during recruitment, hiring, promotion, or termination. Some examples of disparate treatment include: 

  • Hiring Practices: Favoring certain candidates over others based on protected characteristics (e.g., race, gender, etc.) rather than qualifications and experience.
  • Promotion and Advancement: Denying promotions or career advancement opportunities to individuals from protected groups while favoring others.
  • Compensation: Paying employees differently for the same work based on protected characteristics rather than job performance or experience.
  • Disciplinary Actions: Harsher disciplinary actions or stricter policies on certain employees due to their protected status.
  • Work Assignments: Assigning less desirable tasks or projects to employees from protected groups while giving more favorable assignments to others.
  • Harassment: Creating a hostile work environment through discriminatory comments, jokes, or behaviors targeting specific individuals or groups.

Is Disparate Treatment Illegal?

Yes, disparate treatment is illegal under several anti-discrimination laws in many countries. In the United States, it is prohibited by several key pieces of legislation, including

  • Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
  • The Age Discrimination in Employment Act (ADEA): Protects employees 40 years and older from discrimination based on age.
  • The Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities in all areas of public life, including jobs.
  • The Equal Pay Act of 1963: Mandates that men and women be given equal pay for equal work in the same establishment.

What Can You Do If You Experience Disparate Treatment?

If you experience disparate treatment in the workplace, there are several steps you can take to address the situation:

  1. Document the details: Keep track of any incidents or behaviors that may be considered discriminatory. 
  2. Seek Support: Consider reaching out to a trusted supervisor, mentor, or colleague for support and guidance on effectively addressing the situation.
  3. Report it to HR: Bring your concerns to human resources or another designated individual within your company.  
  4. File a complaint: If your employer does not take action or feels uncomfortable reporting it internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency.
  5. Seek legal advice: If necessary, consult an employment lawyer who can advise you on your rights and potential legal options.

How Can Employers Prevent Disparate Treatment?

Employers have a responsibility to provide a workplace free from discrimination. Steps to prevent disparate treatment include:

  • Establish Clear Policies and Procedures: Develop and communicate clear anti-discrimination policies prohibiting disparate treatment. Ensure employees understand these policies and know how to report instances of discrimination.
  • Provide Training and Education: Conduct regular training sessions for employees and managers on diversity, inclusion, and anti-discrimination laws. 
  • Promote Equal Opportunity: Ensure that hiring, promotion, compensation, and other employment decisions are based on job-related criteria such as qualifications, skills, and performance.
  • Encourage Reporting and Accountability: Create a culture where employees feel comfortable reporting discrimination without fear of retaliation. Establish clear channels for reporting complaints and promptly investigate and address allegations.
  • Monitor and Review Policies: Regularly review and evaluate employment policies, practices, and procedures to identify and address any potential sources of disparate treatment. 
  • Lead by Example: Demonstrate leadership commitment to diversity, equity, and inclusion by publicly supporting anti-discrimination efforts and modeling respectful behavior.
  • Seek Feedback and Continuous Improvement: Solicit employee feedback through surveys, focus groups, or other channels. Use this feedback to improve and adjust policies and practices as needed.

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