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discrimination - disparate treatment vs. disparate impact

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1. What is the difference between discrimination based upon disparate treatment and disparate impact?

2. In your opinion, which of the equal employment opportunity (EEO) laws have had the most profound effect on society?

3. How should EEO laws be changed and or amended to better protect the work force, in your opinion? Why?

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1. What is the difference between discrimination based upon disparate treatment and disparate impact?

"Disparate treatment" means that the employer did not treat all employees the same. If an employer fires one worker for coming in late three times but not another worker who also came in three times, the employees have disparate treatment.

"Disparate impact" means that as a matter of practice, certain activities impact certain groups differently than others. In other words, the impact of the practice is not felt evenly across workers. If you permit all your salary workers to have flexible work hours but not the hourly, this means that the lower wage and less skilled workers are given less flexibility than the mostly white and educated workers who happen to be mostly the salaried workers.

So, ...

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