Disparate Impact and Disparate Treatment Case Study

Essay by scootin_queenieUniversity, Bachelor'sA+, April 2009

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Most people have to work in order to survive and stay out of poverty. Not all people are born into wealth or win the lottery. Although most people have to work to make a living, it does not mean that discrimination and unfair treatment are bestowed upon them. There are many laws that avoid a discriminating work place. However, there are cases where disparate impact and disparate treatment occur.

The work place for most people is where they spend an average of almost 76% of their time in a given week. With spending that much time at work, most people expect to find an employer who is fair and non discriminatory towards their employees. There are such cases known as disparate impact and disparate treatment that evolve in the workplace. Disparate impact is, "the adverse effect of a facially neutral practice that nonetheless discriminates against persons because of their race, sex, national origin, age, or disability and that has not been shown to be job related and consistent with business necessity.

Discriminatory intent is irrelevant in a disparate-impact claim." (Glossary of Enforcement Terms)Disparate treatment is a little different. Disparate treatment occurs when protected class members are treated differently from others, whether or not there is discriminatory intent. (Affirmative Action Office Diversity Education Services)In 1996 United Airlines had a complaint from Mr. Ellis on the grounds of disparate impact. Mr. Ellis claimed United Airlines placed disparate impact on older applicants with the weight limit in certain positions. This claim was sent to the United States Court of Appeal. According to the rest of the article, United Airlines ("United") had maximum weight standards for its flight attendants based on the individual's height. United utilized one set of standards for job applicants and utilized another set of standards once a flight attendant...