Disparate Treatment In The Workplace

There are a variety of issues that can come into play in terms of ethical treatment of employees in the workplace. With the ample amount of religions, rights, orientations, and ethnicities in today’s world, disparate treatment is becoming more and more widespread. Regardless of if you are a person who has fallen victim to this type of treatment or if you are an employer who is trying to avoid it, it is important to understand what disparate treatment is.

Employment Law

The main thing to know about disparate treatment is that it is specifically outlined in Employment Law, primarily in the United States. It pertains to situations where people are treated differently as a result of their race, sex, creed, age, ethnicity, or disability. Discussed in the Civil Rights Act, disparate treatment is one of the most important components of the antidiscrimination concepts of the country and it was passed in 1964. It is commonly used not only in the workplace, but also in schools and housing.

Access to Services and Benefits

One of the main ways to distinguish disparate treatment in the workplace is to look at how the employee is being treated. Perhaps they are prevented from gaining access to certain benefits like other employees or they may not get hired to work at a specific location as a result of a disability. Regardless, anyone who participates in this act of discrimination is faced with the opportunity to encounter legal consequences. In most circumstances, employees can prove the discrimination through statements or interference with company policies.

Proving Disparate Treatment

As previously mentioned, it is possible for employees to be able to prove disparate treatment through direct means such as conversation logs or written words that showcase the discrimination. As an example, if an individual works for a specific company that only offers particular benefits to Christian workers and are unable to gain access to the benefits because they aren’t Christian, this would be valid proof. Essentially the main goal of every business should be to make the workplace equal for absolutely anyone.

Disparate Impact vs. Disparate Treatment

The entire definition of disparate treatment is completely separate from disparate impact as they involve neutral policies, such as companies requiring employees to have certain educational requirements. As an example, a hospital requiring that all of their doctors need a medical degree is not a significant form of disparate treatment.