Disparate Treatment

Disparate Treatment

Disparate Treatment

The claim requires discriminatory intent, proven directly or circumstantially through the McDonnell Douglas framework. Direct evidence permits a mixed-motive analysis under Title VII.

It contrasts with disparate impact, which requires no intent.

Alternative Names:

Intentional Discrimination|Treatment Discrimination

Why it Matters?

Circumstantial proof through comparators is the standard route, which makes identifying whether the alleged comparator was actually similarly situated the central defense inquiry. Differences in supervisor, job function, disciplinary history, or the severity of the underlying conduct defeat the comparison. Direct evidence is rare and usually consists of statements by decisionmakers, which is why documented decision rationale matters more than avoiding any single remark.

Frequently asked questions

What defeats comparator evidence?

What defeats comparator evidence?

Differences in supervisor, job function, disciplinary history, or severity of the underlying conduct, which break the similarity.

How common is direct evidence?

How common is direct evidence?

Rare, usually limited to statements by decisionmakers, which is why documented decision rationale matters more than any single remark.