Disparate Treatment

Meaning & Definition

Disparate Treatment means a person’s treatment at work is not based on job performance, ability to do the job, training or education. Also, if the employer does not provide equal opportunities and has a discriminatory practice against you as an employee, that would constitute disparate treatment as well. For example, if you have been treated differently from others in your position due to your gender, age, disability, caste or religion, and have been adversely impacted as a result, that would constitute disparate treatment.

Significance of Disparate Treatment

• Prevention of discrimination in the workplace, assisting organizations in preventing discrimination in the workplace.
• Protection of employees’ rights and dignity in the workplace.
• Reduction of legal risks and damage to reputation for employers.
• Promotion of fairness and equality of opportunity.
• Support of ethical and inclusive practices in HR.

Compliance & Policy Considerations 

Disparate treatments regulated by different laws in India, some of which include Article 14 and 15 of the Constitution of India; Equal Remuneration Act, 1976; Rights of Persons with Disabilities Act, 2016; and POSH Act, 2013. Employers must adopt HR policies and practices that ensure that they do not discriminate against employees.