Also known as: disparate treatment · intentional discrimination
Written by attorneys · grounded in primary & secondary sources — see below
A theory of discrimination that requires proof of intentional discrimination by the defendant.
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Dustin Donovan, a state election official in Texas, challenged a federal statute that imposed preclearance only on states selected by 1990s internet data. He argued the coverage formula reflected intentional discrimination against certain states without current justification. The court applied disparate treatment theory and required proof that Congress acted with discriminatory purpose tied to outdated formulas.
Diane Dawson, a white applicant to the University of Texas, alleged that race-conscious admissions decisions intentionally disadvantaged her. She presented evidence that officials considered race to achieve diversity goals rather than remedy past discrimination. Under disparate treatment theory the court examined whether the university acted with discriminatory intent in its policy.
Diana Delgado, a city firefighter, sued after the city discarded promotion test results that would have favored white candidates. She claimed city officials intentionally discriminated by refusing to certify the results to avoid racial imbalance. Disparate treatment theory required her to prove the decision was motivated by racial animus rather than neutral concerns.
Darrell Duncan, a gay employee at Decker Electronics, was terminated shortly after his supervisor learned of his sexual orientation. He alleged the discharge was intentional discrimination because of his status. Disparate treatment theory focused on whether the employer acted because of that protected characteristic.
Doris Duffy, operator of a group home for the intellectually disabled, applied for a permit in Cleburne. City officials denied the application after public opposition citing the residents' disabilities. Disparate treatment theory examined whether the denial was motivated by animus against the disabled rather than legitimate zoning concerns.
Dolores Diaz, an employee at Duffy Construction, reported repeated harassment by her direct supervisor. She alleged the company tolerated the conduct because of her sex. Disparate treatment theory required proof that the employer intentionally permitted the hostile environment based on protected status.
A plaintiff must show that the defendant acted with discriminatory intent because of a protected characteristic. Direct or circumstantial evidence can establish the required motive.
Supporting sources
Disparate treatment theory demands proof of intentional discrimination. Disparate impact theory challenges neutral practices that produce unequal results without requiring intent.
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Yes. Courts permit inferences from timing, differential treatment of similarly situated individuals, and pretextual explanations to prove intent.
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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…