What is the test for "disparate treatment" in Title VII discrimination cases?

MultiRegion, United States of America

The following excerpt is from Hagans v. Andrus, 651 F.2d 622 (9th Cir. 1981):

1 Title VII discrimination can appear in at least two forms. In "disparate treatment" cases, an "employer simply treats people less favorably than others because of their race, color, religion, sex, or national origin." International Bhd. of Teamsters v. United States, 431 U.S. 324, 335 n.15, 97 S.Ct. 1843, 1854 n.15, 52 L.Ed.2d 396 (1977). "Disparate impact" cases "involve employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and cannot be justified by business necessity." Id. In the instant case, Hagans has alleged disparate treatment, not disparate impact.

Other Questions


What is the initial burden of establishing a case of disparate treatment under Title VII? (MultiRegion, United States of America)
Is there any case law where a plaintiff has been successful in an age discrimination action brought under the Age Discrimination in Employment Act? (MultiRegion, United States of America)
How have Canadian courts treated discrimination in discrimination cases? (Canada (Federal), Canada)
What is the test for establishing a prima facie case in a discrimination case? (MultiRegion, United States of America)
What is the burden of establishing a prima facie case in an employment discrimination case? (MultiRegion, United States of America)
What is the case law on discrimination in the context of human rights cases? (Canada (Federal), Canada)
What is the test for a Title VII individual disparate treatment claim? (MultiRegion, United States of America)
Is there any case law that supports the argument that a primary ground of discrimination such as race, race, disability, and/or compound discrimination may have occurred as a result of multiple intersecting grounds? (Canada (Federal), Canada)
What is the test for making out a prima facie case of discrimination under Title VII? (MultiRegion, United States of America)
What is the burden of proving that a party to a Title VII discrimination action is a legitimate reason for discrimination? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.