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PHR · Question #104

HR Professionals must recognize types of unlawful discrimination to be in compliance with US law. One type of discrimination is disparate treatment. Which one of the following is the best definition o

The correct answer is C. When an employer treats a candidate differently based on the person's race, color, sex, religion,. Disparate treatment is intentional discrimination where an employer treats an individual less favorably than others because of a protected characteristic such as race, color, sex, or religion.

Workforce Planning and Employment

Question

HR Professionals must recognize types of unlawful discrimination to be in compliance with US law. One type of discrimination is disparate treatment. Which one of the following is the best definition of disparate treatment?

Options

  • AWhen an employer treats all applicants the same regardless of their race, color, sex, religion,
  • BWhen an employer creates a quid pro quo status based on an employee's rebuttal of unwelcome
  • CWhen an employer treats a candidate differently based on the person's race, color, sex, religion,
  • DWhen an employee treats other employees differently based on their past work efforts.

How the community answered

(16 responses)
  • A
    13% (2)
  • C
    81% (13)
  • D
    6% (1)

Why each option

Disparate treatment is intentional discrimination where an employer treats an individual less favorably than others because of a protected characteristic such as race, color, sex, or religion.

AWhen an employer treats all applicants the same regardless of their race, color, sex, religion,

Treating all applicants the same regardless of protected characteristics describes lawful, non-discriminatory employment practice - the direct opposite of disparate treatment.

BWhen an employer creates a quid pro quo status based on an employee's rebuttal of unwelcome

Quid pro quo describes a specific form of sexual harassment where employment decisions are conditioned on acceptance of unwelcome conduct, which is a separate legal theory from disparate treatment.

CWhen an employer treats a candidate differently based on the person's race, color, sex, religion,Correct

Disparate treatment is defined as intentionally treating a candidate or employee differently - less favorably - specifically because of a protected characteristic such as race, color, sex, or religion. This is the legally recognized definition under Title VII and EEOC guidance, distinguishing it from disparate impact, which involves neutral policies with discriminatory effects.

DWhen an employee treats other employees differently based on their past work efforts.

Disparate treatment is a legal claim against an employer's conduct toward employees based on protected characteristics, not a description of one employee treating coworkers differently based on performance.

Concept tested: Disparate treatment discrimination under Title VII

Source: https://www.eeoc.gov/laws/guidance/cm-604-theories-discrimination

Topics

#disparate treatment#employment discrimination#EEO#unlawful discrimination

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