Disparate Treatment Law
Use the internet to research a legal case involving disparate treatment in the selection or hiring process. Then in a 3–4 page paper, succinctly and clearly analyze the case. Include the following in your analysis:
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Disparate Treatment Law
- Describe the important issues in the case.
- Provide a description of the case, and describe the important issues.
- Distinguish the theory of disparate treatment from the theory of disparate (or adverse) impact.
- Distinguish the theory of disparate treatment from the theory of disparate (or adverse) impact using specific examples from your selected legal case and provide additional context if needed to support your work. Be sure to identify the dispute, and what makes this a case about disparate treatment.
- Analyze the outcome of the case.
- Explain the court’s decision.
- Note whether you agree with the court.
- Analyze disparate impact.
- Analyze the evidence of discriminatory effects.
- Analyze the evidence of discriminatory effects in your selected case, and provide specific examples of connections to the rule, policy, or process.
- Describe how the Uniform Guidelines on Employee Selection Procedures help employers avoid issues related to disparate or adverse impact.
- Communicate in a manner that is scholarly, professional, and consistent with expectations of members of the human resources profession.
- Be sure you communicate in a scholarly, professional manner that addresses the intended audience and is free of grammatical and mechanical errors.
Selected Case: Ricci v. DeStefano (2009)
The Ricci v. DeStefano case involved firefighters in New Haven, Connecticut, who sued the city for discarding test results used for promotion, claiming disparate treatment. White and Hispanic firefighters alleged intentional discrimination when their passing test scores were thrown out due to concerns over minority underrepresentation.
Disparate Treatment vs. Disparate Impact
Disparate treatment involves intentional discrimination, while disparate impact refers to seemingly neutral practices that disproportionately affect a protected group. In Ricci, the plaintiffs proved disparate treatment since the city’s action intentionally disadvantaged high-scoring candidates based on race. The Supreme Court ruled in favor of the firefighters.
