---
title: "Disparate Treatment"
type: Legal Term
source: https://casebriefly.com/legal-terms/disparate-treatment
---

# Disparate Treatment

Disparate treatment is a theory of intentional discrimination under Title VII in which the plaintiff alleges that the employer treated them less favorably because of a protected characteristic. Under the McDonnell Douglas burden-shifting framework, the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason, after which the plaintiff must demonstrate that the stated reason is pretextual. Disparate treatment differs from disparate impact in that it requires proof of discriminatory intent.

## Related Terms

- disparate-impact
- title-vii
- bfoq
- eeoc

## Related Cases

- albemarle-paper-co-v-moody
- alexander-v-gardner-denver-co

## Example

When a qualified female applicant is passed over for promotion in favor of a less-qualified male colleague, and the supervisor's emails reveal gender-based animus, the applicant has strong evidence of disparate treatment.

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Source: [Disparate Treatment — CaseBriefly](https://casebriefly.com/legal-terms/disparate-treatment)