Disparate Treatment

What is Disparate Treatment?

Disparate treatment occurs when an employer intentionally treats an employee or job applicant differently based on a protected characteristic such as race, sex, age, religion, national origin, or disability. It is the most straightforward form of employment discrimination and requires proof that the employer’s actions were motivated by bias.

Why Disparate Treatment Matters

To establish a disparate treatment claim, the affected individual must show they belong to a protected class, were qualified for the position or benefit, suffered an adverse action, and that similarly situated individuals outside the protected class were treated more favourably. Employers can defend against such claims by demonstrating a legitimate, non-discriminatory reason for the action. HR professionals help prevent disparate treatment by ensuring consistent application of policies and training managers on lawful decision-making.