In California workplace discrimination cases, two key legal theories often come into play: disparate treatment and disparate impact. Understanding the difference between them can help employees identify whether they may have a valid discrimination claim and how the law views different forms of unequal treatment in the workplace.

What Is Disparate Treatment?

Disparate treatment occurs when an employer intentionally treats an employee or job applicant differently based on a protected characteristic. This includes race, gender, age, religion, disability, sexual orientation, or other categories protected under California’s Fair Employment and Housing Act (FEHA).

• Examples include denying a promotion because of someone’s religion or terminating an employee due to their age.
• This form of discrimination is overt and purposeful.
• Employees must show that they were treated differently and that the motive was discriminatory.

What Is Disparate Impact?

Disparate impact, by contrast, involves employment practices or policies that are neutral on the surface but disproportionately affect members of a protected group. In these cases, there is no need to prove intent to discriminate—only that the policy has a negative effect on a specific group.

• Examples include requiring a physical test that disproportionately excludes women, or a hiring policy that disadvantages people from certain ethnic backgrounds.
• Even if the policy applies equally to everyone, it can be illegal if it leads to significant adverse effects on protected groups.
• Employers may be required to justify that the policy is job-related and necessary for business operations.

How California Law Addresses These Forms of Discrimination

Under California law, both forms of discrimination are prohibited. The California Civil Rights Department (CRD) investigates and enforces anti-discrimination laws, including those concerning disparate treatment and disparate impact. Employees can file complaints with the CRD or pursue civil litigation, depending on the facts of their case.

What Should You Do If You Suspect Discrimination?

If you believe you’ve experienced either form of workplace discrimination, it’s important to:

• Document any policies, practices, or incidents that suggest unequal treatment or impact.
• Consult with a qualified California employment attorney to assess your claim.
• Consider filing a complaint with the CRD or EEOC to begin the legal process.

Speak With a California Workplace Discrimination Attorney

Whether you’ve been directly targeted or adversely affected by a company policy, understanding your rights is the first step toward justice. A skilled employment lawyer can help you gather evidence, file a claim, and seek compensation if your rights have been violated under California law.