Disparate Treatment: Key Considerations

Summary

Disparate treatment occurs where an employer intentionally treats one or more employees or applicants worse than other similarly-situated employees or applicants because of a protected classification (e.g., race, sex, age, national origin). Disparate treatment claims are the most common type of employment discrimination claims. This practice note discusses the elements of most types of disparate treatment claims and common defenses to such claims and provides practical tips that employers can follow to prevent liability for such claims.