Question

An important distinction between disparate treatment and disparate impact is the role of the ________________ intent. Proving disparate treatment in court requires showing that the employer intended the disparate treatment, but a plaintiff need not show intent in the case of disparate impact.

Answer 1

An important distinction between disparate treatment and disparate impact is the role of the employer's intent. Proving disparate treatment in court requires showing that the employer intended the disparate treatment, but a plaintiff need not show intent in the case of disparate impact.

Step-by-step explanation:

An important distinction between disparate treatment and disparate impact is the role of the employer's intent. Proving disparate treatment in court requires showing that the employer intended the disparate treatment, but a plaintiff need not show intent in the case of disparate impact. Disparate treatment refers to cases where someone wants to sue on the grounds of racial discrimination must prove that the employer pays him or her less than an employee of another race who holds a similar job, with similar educational attainment, and with similar expertise.

In contrast, disparate impact cases focus on the effects of employment practices that are neutral in language but discriminatory in operation. The key difference is whether the discriminatory act was committed with intentional bias or not.