What defines "disparate treatment" in employment law?

Disparate treatment in employment law specifically refers to situations where an employee is treated differently based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. This type of discrimination occurs when an employer intentionally treats individuals less favorably than others because of these characteristics.

In a disparate treatment case, it must be shown that the discriminatory motive played a part in the employer's decision-making process. The law seeks to protect employees from being discriminated against in their employment on the grounds of these protected categories.

For example, if an employer refuses to promote a qualified employee primarily because of his race, this constitutes disparate treatment, as the decision is based on an impermissible criterion rather than the employee’s skills or performance. This definition is critical in understanding anti-discrimination laws and the protections they afford to individuals in the workplace.