Ford Motor Co and Lucent Technologies had a similar lawsuit. In both cases, a new performance evaluation system was implemented in which managers were required to identify the top 10 percent of employees and the bottom 10 percent of employees in performance. At Lucent, only 2.5% of all managers under 40 were ranked in the bottom 10 percent, whereas, for workers 49 and over, 20% were ranked in bottom 10 percent. Ford had a similar distribution. Bonuses and merit increases were determined by the employees ratings at both companies.

Is this Disparate Treatment or Disparate Impact?