What is the difference between adverse impact and disparate treatment?
A.
Adverse impact provides nonneutral discriminatory effects on a protected group, whereas disparate treatment is unseen discrimination of an employment policy that ° produces negative consequences.
B.
Disparate treatment is when a discriminatory effect impacts a protected group but is unintentional, whereas adverse impact is blatantly discriminating against a protected class.
C.
Adverse impact provides a level of discrimination that is intentional and causes harm to protected groups, while disparate treatment relates to employer practices that : seem to be nondiscriminatory but cause negative effects for protected groups.
D.
Disparate treatment is intentional discrimination based on protected characteristics, while adverse impact is where employment practices appear neutral but have a
Disparate Treatment: This involves deliberate discrimination where an individual is treated differently based on a protected characteristic (e.g., race, gender, age).
Intentionality: The key aspect of disparate treatment is the intent to discriminate.
Adverse Impact: Also known as disparate impact, this occurs when a policy or practice that appears neutral results in a disproportionate negative effect on a protected group.
Unintentional Discrimination: Adverse impact does not require intent to discriminate, only that the outcome of a practice is discriminatory.
Legal Standards: Both concepts are critical in employment law and are evaluated under different standards of proof and remediation.
References:
Civil Rights Act of 1964, Title VII
Uniform Guidelines on Employee Selection Procedures (1978)
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