Also known as: disparate treatment claims · disparate treatment
Written by attorneys · grounded in primary & secondary sources — see below
A claim alleging that an actor intentionally treated an individual or group differently because of a protected characteristic.
Several states sued the federal government after Congress imposed preclearance rules only on jurisdictions flagged decades earlier for voting issues. The states argued that the selective coverage formula amounted to intentional differential treatment without current justification. A court agreed that the scheme lacked the required extraordinary basis under equal sovereignty principles.
Diana Delgado, an Asian-American applicant, challenged the university's use of race in holistic review after she was denied admission despite strong credentials. She claimed the policy intentionally disadvantaged applicants from her racial group. The court applied strict scrutiny to evaluate whether the university's consideration of race met constitutional standards.
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Darius Dixon and other firefighters sued after the city refused to certify promotion exam results that would have favored white candidates. They alleged the city's decision constituted intentional discrimination against them on the basis of race. The court held that the city lacked a strong basis in evidence for fearing disparate impact liability.
Devon Drake, a gay employee at Dynamic Solutions, was fired shortly after his supervisor learned of his sexual orientation. He filed suit claiming the termination was motivated by his sex. The court ruled that discrimination on the basis of sexual orientation necessarily involves intentional treatment based on sex.
Dover Bank denied a permit for a group home serving individuals with intellectual disabilities while approving similar uses for other applicants. The home operator sued, alleging the denial reflected intentional discrimination on the basis of disability. The court applied rational basis review but found the city's justifications insufficient to sustain the classification.
Deborah Dunn sought to represent a nationwide class of female employees at Drake Logistics who alleged they were passed over for promotions. She claimed the company's practices reflected a pattern of intentional sex discrimination. The court denied certification because the plaintiffs could not show a common question of law or fact capable of classwide resolution.
A plaintiff must show that the defendant acted with discriminatory intent based on a protected characteristic. Direct evidence of intent or circumstantial evidence creating an inference of discrimination can satisfy this requirement.
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A disparate treatment claim requires proof of intentional discrimination, while a disparate impact claim challenges facially neutral practices that produce unequal results without regard to intent.
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Yes, once a plaintiff establishes a prima facie case, the employer may prevail by proving the same decision would have been made for legitimate, nondiscriminatory reasons.
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…is the public purpose that is being served by the law? What is the characteristic of the disadvantaged class that justifies the disparate treatment?[^maj-21] In most cases the answer to these questions will tell us whether the statute has a "rational basis." The answers will result in the virtually automatic invalidation of racial…