Disparate treatment refers to rules and policies being applied inconsistently, in a discriminatory manner against someone of a protected class. For instance, it is considered disparate treatment for an employer to exclude a worker from an employment opportunity intentionally.
Disparate treatment is used as grounds for upholding a civil rights violation in court, under the Title VII Civil Rights Act of 1964. This act prohibits discrimination, including in the workplace, regardless of race, sex, national origin or religion. Sexual orientation is not yet protected under federal law but is protected in most states. Certain protected classes include minorities, immigrants and women. Those who aren’t members of protected classes, such as men and those of the majority race, can claim in court to have experienced disparate treatment with sufficient evidence.
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