Disparate Treatment vs. Disparate Impact Under Title VII

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Discrimination can take many forms. One is called disparate treatment; another is called disparate impact. There are other forms of discrimination as well.

Disparate treatment means your employer blatantly discriminated against you based on your race, color, religion, sex, or national origin. Typically, this means the employer treated you unfairly compared to other job applicants or employees who are in a similar position as you but are not in the same protected class as you. For example, if you and your coworkers have similar qualifications, but the employer promotes your coworkers instead of you because you are female, that is disparate treatment. You need to prove that the employer's discrimination was intentional.

By contrast, disparate impact means your employer has a workplace policy that seems neutral (non-discriminatory) on the surface, but the policy actually has an unfair negative impact on certain classes of people. For example, if your employer says that they will only hire people who are 5'10'' or taller, this policy seems neutral on the surface in that it does not explicitly discriminate against women, minorities, etc. However, this policy will have a disparate impact because women are shorter than men on average, and much fewer women than men will be able to meet this height requirement and get hired. So, the policy discriminates against women in a subtle way and might violate Title VII, unless the employer can show the policy is job-related, consistent with business necessity, and no alternative would suffice.

It's possible for you to argue that you faced workplace discrimination because of both disparate treatment and disparate impact. For example, your employer intentionally singled you out and treated you unfairly because you are a woman. At the same time, your employer also has a policy in place that appears neutral, but actually has a disproportionate negative impact on women at your workplace.

Thickstun Luo LLC may be able to help you pursue a legal claim in Illinois or Indiana if you have experienced employment discrimination in the form of disparate treatment and/or disparate impact in violation of Title VII. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.