Disparate Impact/Disparate Treatment Case Study
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Disparate Impact/Disparate Treatment Case Study
Disparate treatment occurs when a protected class member is treated differently from others, whether or not there is discriminatory intent; whereas disparate impact occurs when employment decisions work to the disadvantage of all of the protected class members whether or not there is discriminatory intent. The EEO Title VII prohibits employers from treating employees differently because of their membership in a protected class. Likewise, Title VII prohibits the employer from using a facially neutral employment practice that has an unjustified adverse impact on all members of a protected class. Legal guidelines designed to identify disparate treatment/impact are, at best, vague (Hr Guide, 2005).
Cases originally filed as disparate treatment often become disparate impact cases by way of appeal after appeal. The disparate......
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