Disparate Treatment

Disparate treatment means applying rules and laws unevenly against members of a protected class. A straightforward example: an employer deliberately bypasses a worker for a job opportunity because of who they are.

The Civil Rights Act of 1964 makes disparate treatment a recognized basis for civil rights claims in court. It prohibits workplace discrimination based on race, gender, national origin, or religion. Sexual orientation isn’t covered under federal law, though most states have their own protections. Minorities, immigrants, and women are among the groups covered. Men and members of majority groups have also pursued disparate treatment claims in court, arguing they were held to an unfair double standard.