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The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities.
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41 CFR 60-3.11 - Disparate treatment. ... Disparate treatment occurs where members of a race, sex, or ethnic group have been denied the same employment, promotion, membership, or other employment opportunities as have been available to other employees or applicants.
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Disparate treatment - Wikipedia, the free encyclopedia
Disparate treatment is one of the theories of discrimination under Title VII of the United States Civil Rights Act; the other theory is disparate impact. Title VII prohibits employers from treating a...
en.wikipedia.org/wiki/Disparate_treatment |
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In a disparate treatment case, the employee is claiming that the employer treated her differently than other employees who were in a similar situation. For example, both Jane and Paul skip work one day; the employer fires Jane but does not fire Paul.
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Some otherwise very knowledgeable and smart HR folks, and perhaps even lawyers, may have difficulty understanding the difference between disparate treatment and disparate impact. Indeed, in some old Supreme Court cases, the supreme court justices appeared to begin to merge the two concepts somewhat.
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The tripartite burden shifting analysis of disparate treatment cases derived from McDonnelI Douglas Corp. v. Green,1 and Justice O'Connor's requirement that a plaintiff produce ... In all disparate treatment cases, whether the issue is the truth or falsity of the employer's reason for its action, or the co-existence...
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