Disparate Impact V. Disparate Treatment
Disparate Impact v. Disparate Treatment
When an employee (or employees) alleges discrimination, s/he may bring suit under Title VII claiming one of two theories; 1) disparate impact or, 2) disparate treatment. According to our text, the suit "must fit into one theory or the other to be recognized under Title VII." In a disparate impact claim, the claimant is not required to prove that the discrimination was intentional, instead, they need to prove that the employer utilizes employment practices that may appear neutral in their treatment of different groups, but in fact do indeed discriminate against one group and not another. In addition, these practices cannot be justified by business necessity. In a disparate treatment claim, the worker seeks to prove that the employer' has a discriminatory motive.
I. Disparate Impact
On February 3, 2005, a federal judge ordered the Dial Corporation to pay over $3 million to resolve a sex discrimination suit brought by the EEOC against The......
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