Disparate Treatment and Disparate Impact

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Disparate Treatment and Disparate Impact Student’s Name Institutional Affiliation Discrimination in the context of employment can either be classified as disparate treatment or disparate impact based on the details and situation of the case. This categorization can also be based on the employer's intention of perpetrating the implied discrimination. Putting these cases as either disparate treatment or disparate impact enables prosecutor’s alternate techniques to substantiate that companies or employers have a legal purpose for their actions and workers can demonstrate that the proprietor has ill intention. Employees should have proper knowledge regarding these legal concepts and should differentiate the two terms for them to understand the kind of proof needed from them to establish a case against the employer. This paper delineates the two forms of discrimination: disparate treatment and disparate impact. It also highlights the differences as well as similarities between the two discriminatory habits. The primary similarity between disparate impact and disparate treatment is that both encompass treating persons differently based on an attribute that is either essentially or allegedly owned by the victim due to his/her membership or a group. Similarly, the two forms of discrimination have the same deliberate processes. Furthermore, both disparate impact and disparate treatment affect an individual negatively, and this at times causes wrangles in places of work. Moreover, both forms of discrimination lead to legal cases even though employers in disparate impact might not be liable. Lastly, both disparate impact and disparate treatment are practices prohibited

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