What is the difference between disparate treatment and disparate impact?

Expert Solution

Answer) Disparate treatment and disparate impact both are forms of differential or discriminating behaviour but as the name suggests there is a major difference between two,disparate treatment as the the name suggests is discriminating treatment that is it is intentional while when we talk about disparate impact it is the result of an action which is discriminating so it is unintentional.For example if a company does not select a certain group of people because of a trait it is discriminatory by action and it is disparate treatment but if for example company conducts a review of performance where it adds a measure which is bound to hurt chances of a certain group owing to certain element in review then it is disparate impact,it is unintentional but results in discrimination,a company can and should be called out for disparate treatment while for disparate impact company has to rely on internal feedback or judgement and intelligence of its leadership.

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Rahul Sunny answered 2 years ago

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