The difference between a disparate impact and a disparate treatment claim;
Disparate Treatment: Also known as differential treatment, disparate treatment claims are ones in which the plaintiff alleges he or she is the victim of intentional discrimination on the part of the employer. To be considered a victim of intentional discrimination, the complaining employee must show he or she is treated less favorably because of a …show more content…
Unlike disparate treatment claims, disparate impact claims do not involve intentional discrimination, i.e., the plaintiff is not required to prove that he or she is the victim of discriminatory motive or discriminatory intent. www.employmentlaw.com The complaint procedure for a disparate impact and a disparate treatment claim as it pertains to the EEOC;
The person needs to contact their local EEOC field office to file their charge of discrimination. The EEOC will contact the employer and investigate. The employee and employer will be given the change to resolve the matter via mediation. If the matter is not resolved via mediation, the EEOC will either dismiss the complaint as being unsubstantiated, the EEOC will sue the employer, or the EEOC will issue a notice of right to sue letter to the employee and the employee will have 90 days to file a private lawsuit.