What is Disparate?
Disparate refers to things that are fundamentally different or distinct from each other. When two or more things are disparate, there is a clear contrast or discrepancy between them. This term is commonly used in various contexts to describe disparities, differences, or inconsistencies.
Disparate in Legal Context
In legal terms, disparate is often used in the context of discrimination. Disparate treatment occurs when individuals are treated differently based on protected characteristics such as race, gender, religion, or age. This type of discrimination is prohibited by laws such as the Civil Rights Act of 1964.
Examples of Disparate Treatment
- An employer who pays female employees less than male employees for the same job is engaging in disparate treatment based on gender.
- A landlord who refuses to rent to tenants from a certain racial background is practicing disparate treatment based on race.
- A school that expels students with disabilities at a higher rate than students without disabilities may be guilty of disparate treatment based on disability.
Disparate Impact vs. Disparate Treatment
It is essential to distinguish between disparate impact and disparate treatment. Disparate impact occurs when a policy or practice that appears neutral on its face has a disproportionately adverse effect on certain protected groups. Disparate treatment, on the other hand, involves intentional discrimination against individuals based on protected characteristics.
Case Studies on Disparate Impact
In a landmark case, Griggs v. Duke Power Co., the Supreme Court ruled that Duke Power Co.’s requirement of a high school diploma and an IQ test for certain positions had a disparate impact on African American employees. The Court found that these requirements were not job-related and consistent with business necessity, thus violating Title VII of the Civil Rights Act.
Statistics on Disparate Treatment
According to the U.S. Equal Employment Opportunity Commission (EEOC), race-based discrimination continues to be a prevalent issue in the workplace. In 2020, race discrimination charges accounted for 35.6% of all charges filed with the EEOC.
Conclusion
Overall, understanding the concept of disparate is crucial in addressing inequality and promoting fairness in various sectors. By recognizing and addressing disparities, we can work towards creating a more just and equitable society.
