What must be proven in a disparate treatment case?

In a disparate treatment case, the primary focus is on proving discriminatory intent. This means that it must be demonstrated that an individual was treated differently based on a protected characteristic, such as race, gender, or age, and that this differential treatment was intentional. The evidence typically includes showing that the employer had knowledge of the plaintiff's protected status and that the decisions made were based on this status rather than legitimate business reasons.

This concept is foundational in employment discrimination law because it emphasizes the need to show that bias played an active role in decision-making processes, such as hiring, firing, promotions, or salary decisions. Proving intent is crucial because it distinguishes disparate treatment from other forms of discrimination, such as disparate impact, which does not require proof of intent but instead focuses on the effects of a policy or practice that disproportionately impacts a protected class.

In summary, demonstrating discriminatory intent is essential in a disparate treatment case to establish that the adverse treatment was a result of intentional discrimination rather than an unavoidable business outcome.