Disparate Impact / Disparate Treatment Case Study - MGT434

Disparate Impact/Disparate Treatment Case Study

The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws enacted to prevent job discrimination. They are also involved in oversight and policy making as it is related to job discriminations. Any individual who feels their employer has discriminated against them for any of the reasons overseen by the EEOC has the right to file a complaint.

One of the largest pieces of legislation overseen by the EEOC is Title VII of the Civil Rights Act of 1964 (www.eeoc.gov). Title VII was enacted to ensure fair employment practices would be followed and that those practices would be free from discrimination in the areas of race, color, religion, sex, or national origin. The Civil Rights Act of 1991 added the additional benefit of allowing the violated party to attempt recovery of compensatory and punitive damages for willful and intentional violation of Title VII.

Two specific acts prohibited by Title VII are disparate treatment and disparate impact.

Gov. Marshall and wife (LOC)

Judge Parker at nomination of Marshall (LOC)

Vice Pres't & Mrs. Marshall, Gen. Leggett [i.e., L...

Disparate treatment is alleged when a group protected under Title VII is being treated differently than other individuals or groups because of their membership in the protected class (HR-Guide). To prove disparate treatment it must be shown that the employer's actions were motivated by discriminatory intent. Disparate impact is when an employer implements a practice which although not motivated by discriminatory intent, still has an adverse impact on members of a protected group. This paper will review one case example for each of these discriminatory acts and examine the implications of each at the author's place of employment.

Disparate Treatment: Marshall vs. American Hospital Association

Basic Facts of the Case

Tari Marshall applied for the position of associate director at one of American Hospital Association's hospital, knowing at the time that she was pregnant and the baby was due in June...