Define Disparate Treatment and Disparate (Adverse)impact

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The Answer is Disparate treatment occurs when an employer intentionally treats one or more members of a protected group differently.An organization would be considered guilty of prejudiced actions (discrimination)if it purposefully used different selection criteria for applicant of the opposite sex.For example,a firm cannot use the fact that an applicant has young children as a basis for not hiring females unless they apply that same standard to male applicants.Disparate impact (also referred to as "adverse impact")occurs when an employer's employment practice (e.g.,hiring,promotions,entry into training)produce an unequal or disproportionately negative consequence on members of a protected group.Unlike disparate treatment,this type of discrimination may be unintentional.Many employment practices produce adverse impact.For example,consider a screening device that produces a substantial difference between the selection rates of white applicants and African-American applicants.Even though the test may be color-blind,if 80% of white applicants pass it,while only 50% of African-Americans pass the same test,adverse impact has occurred.Organizations usually rely on the "4/5th's rule of thumb" to determine whether or not this type of discrimination exists.In the above example,at least 64% of African-Americans would have to pass the test in order to avoid adverse impact.

Define Disparate Treatment and Disparate (Adverse)impact

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