EEO: General: What are disparate impact and disparate treatment?

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Various effects and various treatments are discriminatory practices. Different effects are often called unconscious discrimination, different treatments are intentional. Sometimes the terms adverse and adverse treatment are used as an alternative

When neutral policies, practices, rules, or other systems have a disproportionate effect on protected groups, they have different effects. For example, testing the results of all applicants and using that test can erroneously eliminate the various influences of certain minority applicants.

Various treatments are intentional employment discrimination. For example, testing for a specific minority applicant only for a specific skill is different.

Federal law prohibits discrimination based on race, skin color, gender, nationality, religion, age, equality wage for equality labor, disability or genetic information, and discrimination based on "different treatment" and "different influence" It is prohibited.

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In order to judge whether the Employment Equal Law violates it is important to know how the court defines the term discrimination. In fact, there are two definitions. It is different effect from different treatments. Intentional discrimination is a different treatment. It is defined as dealing with people according to their membership. For example, the dismissal of a female accountant in Case 3 is an example of a different treatment if retirement was caused by prejudice against a female accountant (that is, if the man was not dismissed at part-time job). However, because there is no clear discriminatory intention, the employer's actions in case 1 and case 2 are not classified as different treatment.

The names are similar if the treatment is different, but the effect is different. Different effects may not be intentional, but "different processing" is a more obvious version: deliberately deal with individuals from one group in such a way as to cause a negative effect. This happens, for example, when an organization selects individuals from a particular group and treats them in some way. For example, in an interview, if only a female is intentionally selected for skill testing, it will be handled differently and discriminated.

When neutral policies, practices, rules, or other systems have a disproportionate effect on protected groups, they have different effects. Various treatments are intentional employment discrimination. For example, testing for a specific minority applicant only for a specific skill is different. Different effects are often called unconscious discrimination, different treatments are intentional. The EEOC Unified Employee Selection Guidelines provides criteria for proper use of employment tests and validates appropriate methods to identify potentially discriminatory selection procedures.