Disparate Treatment

Disparate treatment applies to the application of rules and laws inconsistently and discriminatorily against members of a protected class. For example, it is called disparate treatment if an employer knowingly excludes a worker from a job opportunity.

Under the Civil Rights Act of 1964, disparate treatment is seen as a basis for a civil rights violation to be upheld in court. This law forbids discrimination based on race, gender, national origin, or religion, even in the workplace. While sexual orientation is not covered under federal states, it is in most states. Minorities, immigrants, and women are among the covered groups. Many that are not part of privileged groups, such as men and members of the majority caste, will argue in court that they have been unfairly treated.