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legaleagle, Lawyer
Category: Employment Law
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Experience:  Practicing Attorney for 10 years
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What is the difference between disparate treatment and disparate

Resolved Question:

What is the difference between disparate treatment and disparate impact discrimination?
Submitted: 8 years ago.
Category: Employment Law
Expert:  legaleagle replied 8 years ago.
Disparate Treatment Title VII prohibits employers from treating applicants or employees differently because of their membership in a protected class. The central issue is whether the employer's actions were motivated by discriminatory intent, which may be proved by either direct or circumstantial evidence.

Disparate Impact Even where an employer is not motivated by discriminatory intent, Title VII prohibits an the employer from using a facially neutral employment practice that has an unjustified adverse impact on members of a protected class.

Bascially treatment is when the employer actually does treat people different, Impact is when they may not be doing it on purpose but the result of their actions is discrimatory.
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