How should I reply?

1. The difference between disparate treatment and disparate impart is the disparate treatment is an intentional act by an employer in which they engage in discriminatory acts against an individual or characteristic within a protected class which causes adverse action. Disparate impact is an act in which appears neutral but unintentionally causes discrimination that negatively impacts protected groups.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, national origin, and genetics. If an employer were to refuse a qualified employee a promotion into a management position because of their open Christian beliefs and religious practices, as the employer believes that leaders should have a neutral view on religion, this would be an example of disparate treatment discrimination. The employer would be intentional discriminating against the employee based on their religion, as an individuals religion is a part of the protected class. The adverse action and the relevant condition of employment is that employees who have religious practices and beliefs that are not neutral in religion will not be considered for promotions into leadership.

If an employer has a practice of postings their entry level IT job openings exclusively on college campus, college job boards, and advertise to "those new to the workforce and apart of the tech generation ", this could be an example disparate impact based on age under the ADEA. Although the job postings could appear neutral, as it does not identify an age but calls attention to a specific competency needed for information technology jobs, the job posting is exclusively being advertised in locations that the largest population of applicants will not include individuals that are 40 and over and includes discouraging language that applicants within the protected class of the age of 40 and over are less likely to apply. The adverse action and the impacted term and condition of employment relate to the process in which jobs are posted and the targeted candidate population.

2. The difference between disparate impact, and disparate treatment is :

• Disparate Impact is where an employer's practice or policy related to a job requirement, impacts a protected class based on statistical analysis, despite it's defense that it is essential. Usually unintentional, and to defend it, the employer must show the business necessity and the employee or applicant must show a less discriminatory alternative.
  • An example could be one under TitleVII, which amongst other things protects national origin.
  • A company is hiring drivers, with a requirement of English Proficiency and CDL to drive for a waste services provider, and does not require interaction with customers but does interact with managers and co-workers as well as HR systems. On it's face, it's non discriminatory.
  • In reality, the job is proven to only need a CDL which is an available in multiple languages, since drivers for this company do not interact with customers.
  • Additionally, one of the leaders speaks Spanish, the language that the majority of locals speak in this city.
  • In the job posting, the employer states clearly the above, and adds that it will require that the driver take a test to prove proficiency in English, including a written essay and a competency test that has 100 multiple choice questions that will have nothing to do with driving.
  • This requirement does not have a legitimate need, and
  • This policy is likely at risk of unintentionally discriminating against applicants and candidates based on national origin, once the statistical analysis is done with regard to the candidates.
  • The adverse action here relates to the opportunity to be considered for a job for which someone is qualified, but denied for a reason that is not a legitimate non discriminatory reason based on the nature of the job.
• Disparate Treatment is when discrimination of protected class is evident on its face; intentionally discriminating against a protected class.
  • An example under the Title VII, this time Religion.
  • A healthcare facility will not allow for employees, regardless of their qualification to perform the essential duties of their role, to wear any head covering or cover.
  • This clearly discriminates against religions that require head coverings such as the Jewish, Islamic, and Sikh faith, just to name a few.
  • The disparate treatment would be refusing to give work to someone for exercising their right to express their religious beliefs through their clothing choices, which do not impact patient care, nor get in the way of masks or gear required to be worn in sterile environments.
  • Employees and candidates with the same qualifications, will be allowed to perform their work and continue employment.
  • This condition of employment, relate to the opportunity to have a discrimination free workplace, and equal opportunity to be considered for work, based on Title VII which protects all aspects of all terms and condition of employment as it relates to ones race, color, sex, national origin, genetics, or in this specific example - religion.