Disparate Impact and Disparate Treatment are two examples of discriminatory treatment, but one is direct and the other is indirect. "Disparate impact" is a legal theory for . Disparate Impact/Disparate Treatment Essay Sample. Disparate impact happens when an employer uses a facially neutral employment practice that has an adverse impact on members of a protected class. If the negative impact affects the protected group more harshly than the . Essay title: Disparate Impact and Treatment. Disparate treatment case Raytheon Co. vs. Hernandez As to the plaintiff's argument that such a facially neutral policy is by law a violation of the ADA because it has a disparate impact on certain people with disabilities, the lower courts determined, and the Supreme Court agreed, that Mr. Disparate treatment violates the plain meaning of Title VII. On the other hand, disparate impact is the discrimination caused by policies that apply to everyone and seem neutral but have the effect of disadvantaging a protected group. Disparate Impact-Treatment Case Study Essay - Disparate Impact Disparate impact is a methodology for establishing that an employer has engaged in discrimination against a specific group of employees or job applicants of the same race, ethnicity, religion or sex that does not require evidence that the employer intended to discriminate.
- Disparate Treatment and Disparate Impact
- Disparate Impact Disparate Treatment Essay Sample
- Compare and contrast disparate treatment and disparate impact - Essay Example
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Disparate Treatment and Disparate Impact
This section of the Civil Rights Code forbids job discrimination based on race, color, or national origin.
Title VII made obvious, deliberate employment discrimination illegal. It enforced a legal theory of disparate treatment.
Disparate treatment exists if an employer gives less favorable treatment to employees because of their race, color, religion, sex, or national origin.
For example, a retail store that refused to promote black warehouse workers to sales positions, preferring white salespeople to serve predominantly white customers, would be guilty of this kind of discrimination. Disparate treatment violates the plain meaning of Title VII. On the other hand, disparate impact is the discrimination caused by policies that apply to everyone and seem neutral but have the effect of disadvantaging a protected group. Such policies are illegal unless strongly job-related and indispensable to conduct of the business.
Basically, the intention of Title VII was to create a level playing field by prohibiting all discrimination, given the entrenched prejudices of employers. Early disparate treatment law cases sometimes included direct evidence of this conscious hostility or intent to discriminate.
Disparate Impact Disparate Treatment Essay Sample
For example, in the early case of Slack v. Havens, four Black women claimed that they were illegally discharged because of their race when they refused to perform heavy cleaning duties that were not within their job description.
Another coworker, a White woman, was excused from performing these duties. The court noted that these statements reflected ill motives for requiring the Black plaintiffs to perform the heavy cleaning. In other words, he was aware of his prejudicial attitudes toward Black persons and consciously treated them differently as a result.
The bad intent caused the illegal discrimination to occur, supporting a district court decision later affirmed for the plaintiffs. If Pohansky had not made the statements attributed to him, but had instead told the plaintiffs that they were selected because he truly believed they cleaned better than the White woman based on his own observation , would the result have been the same?
He might still have been acting out of prejudice or stereotypes, known or unknown to him, but he would not have exhibited a conscious intention to discriminate. The legal outcome would not be as straightforward. When the behaviors may reflect an unconscious or ambiguous intent to discriminate, the legal system may not recognize them as constituting illegal discrimination Krieger, For disparate impact, Fickling et al. In and , each plaintiff took and failed, more than once, the civil service examination for the position of Eligibility Examiner with Westchester County.
Each plaintiff, except one, had received satisfactory to excellent performance evaluations from at least one of her supervisors prior to her termination.
Compare and contrast disparate treatment and disparate impact - Essay Example
Temporary Eligibility Examiners may become permanent, however, only by passing the examination. It turned out that the examinations had a disparate impact on African Americans and Hispanics in Westchester County and statewide. For the examination, the pass rate for African-Americans was between Because the examinations had a significant disparate impact and defendants have failed to offer credible evidence that the examinations served the legitimate business goal of fair competition in civil service employment, Fickling et al.
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