What is disparate treatment?

Disparate treatment refers to a form of discrimination in which an individual is treated differently from others based on a protected characteristic, such as race, gender, age, or disability. This concept emphasizes that the discriminatory action is intentional, meaning that the employer or decision-maker deliberately differentiates between individuals in a way that adversely affects someone based on their protected status.

In employment law, demonstrating disparate treatment usually involves proving that the employer had a discriminatory motive or intent behind their actions. For instance, if two employees perform the same job but one receives unfavorable treatment such as fewer opportunities or harsher discipline, and this treatment is based on their protected characteristic, it exemplifies disparate treatment.

The other choices describe different concepts. Neutral treatment refers to treating all employees equally, which does not fit the definition of disparate treatment. Team-based workplace policies are not directly related to the definition of treatment concerning individuals and their protected characteristics. "None of the above" would not apply as there is a specific definition that accurately describes disparate treatment.