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Discrimination Law

Question: Which discrimination theory would apply if a female employee was required to use the male changing room, in a small hospital surgery department, because she was the only female employee?

Individual Disparate Treatment

In this theory, the employee accuses the employer of treating him or her in an unfair manner or discriminating against him or her because of class, religion, sex, age, etc.

Disparate Impact

This theory involves an employment practice that appears outwardly neutral but has an adverse effect on a protected class. Employers must defend the practice by showing a necessity for the dismissal in a particular type of business. For example, an English Tea Room would not be forced to hire Hispanic people, but may not refuse to hire Black people from England.

Disparate Treatment or Pattern

The theory applies to employees who allege that a certain behavior was standard operating procedure for this business and was also discriminatory.

Solution Preview

Individual disparate treatment would be the theory that would apply to this question. The female employee is being ...