Disparate treatment under the Title VII does not allow an employer to treat individuals who are applicants or employees differently based on their membership in a protected class. No employer can discriminate against any individual just because of their color or because they have an impediment or because they may be homosexual. All applicants and employees must be treated the same without distinction. Employers who do discriminate are liable for their actions and in many cases pay harsh fines and fees.
There are three major categories that disparate impact may be divided into, direct method, direct method - burden shifting, mixed motives, after - acquired evidence and pattern discrimination.
Direct method is when the employer directly discriminates against a specific class. They employer may not get along with Jewish people so every time one applies that employer denies their application no matter how qualified they me be. The employer admits that he discriminates against a specific group.
Under the direct method - burden shifting the discrimination is much like the direct method the only difference is that the employer does not admit to his action. The plaintiff must then find evidence and past history to prove their case.
The mixed motives disparate treatment is when a employers discriminates against an individual because of their membership to a specific class and decides not to employ the individual but also has other reasons as well.
Prof. Emily Cloyd vs University of Michigan.
Emily Cloyd is a professor in the University of Michigan, she is in a wheelchair. Emily was placed on paid leave because the institution believed that she missed to many classes. Emily Cloyd place a request to be reinstated and able to work so that she could continue to teach at the university. Administrators at the University of...