Disparate treatment claims might be established by which type of evidence?

When evaluating disparate treatment claims, direct evidence plays a crucial role in demonstrating that an individual was treated differently based on a protected characteristic, such as race, gender, or age. Direct evidence typically includes statements, actions, or decisions made by an employer that explicitly reflect discriminatory intent. Examples of direct evidence can include an employer's remarks that make it clear they are treating an employee differently due to their race or a documented instance where a decision-maker stated a preference for individuals of a certain demographic.

In contrast, subjective evidence can be more ambiguous and often relies on personal opinions or interpretations, while office rumors do not provide solid proof of discriminatory actions or intent. Indirect evidence can help build a case but often requires further analysis and correlation to prove the existence of discrimination rather than directly showcasing it as with direct evidence. Thus, direct evidence is the most straightforward and compelling form of evidence to establish a claim of disparate treatment.