What does disparate treatment refer to in a legal context?

Disparate treatment refers to a legal concept where individuals are treated unequally based on certain protected characteristics such as race, color, religion, sex, or national origin. This term is often used in the context of discrimination cases, particularly in employment law. In these situations, an individual may face adverse actions, like being denied a job or promotion, specifically because of their association with these protected groups.

The concept highlights that the unfair treatment is not based on job qualifications or merit, but rather on inherent attributes that should not affect a person's opportunities or rights. This distinction is essential in understanding how discrimination laws are enforced, as proving disparate treatment involves showing that the unequal treatment is specifically linked to the individual's protected characteristic.