Disparate treatment occurs when employees from protected groups are intentionally treated differently.

• A. Unintentional bias in hiring
• B. Intentional different treatment due to protected status
• C. Equal application of policies
• D. Providing accommodations

Answer: (B)

Intentional discrimination based on protected characteristics is what disparate treatment is. When an employer makes a decision about an employee or candidate specifically because of race, sex, religion, national origin, age, or another protected trait, the action is discriminatory and unlawful. The crucial point is the motive or purpose behind the decision: it targets someone for a protected characteristic rather than being based on qualifications or legitimate business reasons. For example, denying a promotion to someone because of their race is disparate treatment.

This concept contrasts with disparate impact, where a neutral policy or practice inadvertently affects protected groups more harshly, even without any intent to discriminate. Options describing unintentional bias, neutral policy enforcement, or accommodations describe other legitimate, non-discriminatory practices rather than intentional differential treatment.