What is meant by "disparate treatment" in employment discrimination cases?

Disparate treatment refers specifically to a scenario in employment discrimination cases where an individual is treated differently than others in similar situations due to a protected characteristic, such as race, gender, age, or disability. This concept underscores the notion that decisions made by employers must be fair and without bias against individuals based on attributes that are legally protected.

The essence of disparate treatment lies in the unequal application of policies or practices, where similarly situated individuals receive different treatment due to illegal factors. For example, if an employer consistently promotes less qualified male employees over equally qualified female employees, this may constitute disparate treatment as it reflects gender bias in decision-making.

Other options relate to different concepts. For instance, treating employees equally does not constitute discrimination and would not fall under the realm of disparate treatment. The third option about legal frameworks for layoffs and terminations touches on organizational processes rather than the discriminatory practices associated with disparate treatment. Lastly, discrimination based solely on performance metrics could not be classified as disparate treatment unless it is directly linked to a protected characteristic. Therefore, the focus of disparate treatment is on the differential treatment stemming from discriminatory motivations.